Development of Rural Wales Act 1976 (repealed)
For the purpose of promoting the economic and social well-being of the people in the area of Wales for which it is responsible under this Act, there shall be a body to be called the Development Board for Rural Wales (in this Act referred to as " the Board ") having, in relation to that area, the functions conferred or imposed by this Act.
The area in Wales for which the Board is responsible under this Act is, subject to subsection (3) below, the county of Powys and the districts of Ceredigion and Meirionnydd and such other areas in Wales as the Secretary of State may from time to time designate by order.
The Secretary of State may by order designate an area which is to cease from the coming into operation of the order to be part of the area for which, by virtue of subsection (2) above, the Board is responsible under this Act.
Before making an order under subsection (2) or (3) above, the Secretary of State shall consult—
in the case of a proposal to make an order under subsection (2), the council of each county and of each district any part of whose area is or, if the order is made, will be included in the area for which the Board is responsible;
in the case of a proposal to make an order under subsection (3), the council of each county and of each district any part of whose area is included in the area for which the Board is responsible ;
such organisations as appear to the Secretary of State to be representative of local authorities in Wales ; and
such other persons as appear to him to have an interest in the proposed change in the area for which the Board is responsible.
Subject to subsection (6) below, the general function of the Board under this Act is to prepare, concert, promote, support and undertake measures for the economic and social development of the area for which it is responsible and in particular for the development of any area of a new town or new town situated within the area for which it is responsible.
Except so far as it is authorised under section 4(1)(h) of this Act, the Board shall not engage in farming any land held by it or in forestry or afforestation on such land.
Schedule 1 to this Act shall have effect in relation to the Board.
An order under subsection (3) above may contain such incidental, consequential, transitional or supplemental provisions as appear to the Secretary of State to be necessary or expedient.
In pursuance of its general function under section 1(5) of this Act the Board shall have the following duties—
to keep under review all matters relating to the economic and social development of the area for which it is responsible;
from time to time to prepare and submit to the Secretary of State for his approval proposals (whether of a general or specific character) for the economic and social development of the area or any part of it;
to concert, promote, support or undertake measures to implement any proposals so approved ;
to advise the Secretary of State on such matters relating to the Board's functions as he may refer to the Board or as the Board may think fit;
as soon as possible after the end of each accounting year, to make to the Secretary of State in accordance with paragraph 17 of Schedule 1 to this Act a report as respects that year on the discharge of its functions.
In relation to any area of a new town or new town situated within the area for which the Board is responsible—
no development corporation shall be established under section 2 of the New Towns Act 1965 for that town or if one has been so established it shall be dissolved by order of the Secretary of State under this paragraph on such day as may be specified in the order; and
it shall be for the Board to discharge its functions under this Act and to discharge them under and in accordance with the new towns code in so far as that code confers or imposes functions or applies to the discharge of functions under this Act.
Subsection (2) above applies whether the area of the new town was designated or the development corporation was established before or after the passing of this Act and whether the area of the new town was designated before or after the area of the new town became part of the area for which the Board is responsible.
An order under subsection (2)(a) above— and Schedule 2 to this Act shall have effect with respect to the members and staff of a development corporation dissolved by such an order.
shall include provision transferring to the Board on the date on which the development corporation is dissolved the property, rights, liabilities and obligations of the development corporation;
may include such further incidental, consequential, transitional or supplemental provisions as appear to the Secretary of State to be necessary or expedient;
Subsection (2)(b) above applies also in relation to land which is (within the meaning of section 6(3) of this Act) associated with the area of a new town situated within the area for which the Board is responsible.
The Board shall, before it prepares or submits proposals under subsection (1)(b) above to the Secretary of State for his approval, consult—
each planning authority having functions in relation to the area for which the Board is responsible or the part of the area to which the proposals relate; and
such other local authorities and other bodies as appear to the Board to have an interest in the proposals.
The Secretary of State may, subject to paragraph 1 of Schedule 3 to this Act, approve in whole or in part (and with or without modifications) any proposals so submitted to him or may refuse to approve them.
Copies of every report made to the Secretary of State under subsection (1)(e) above shall be laid by him before each House of Parliament.
For the purpose of enabling it to discharge its general function under this Act, the Board shall, subject to the provisions of this Act, have the following powers in relation to the area for which it is responsible, that is to say, power—
to acquire, hold, manage, develop and dispose of land or other property;
to carry out building and other operations;
to provide services for any land or other property ;
to provide finance—
for the taking by any local authority or statutory undertakers of such measures as the Board considers will contribute to the economic or social development of that area ; or
for such activities of other persons as the Board considers will contribute to the social development of that area;
as agent of the Welsh Development Agency, to provide finance for persons carrying on or intending to carry on industrial undertakings in that area;
as agent of the Welsh Development Agency, to provide services (other than finance) for any undertaking or business which is or is intended to be carried on in that area;
to carry on or acquire and carry on any undertaking or business;
to do anything which is likely to facilitate the discharge of the Board's functions or is incidental or conducive to their discharge.
The things which may be done under paragraph (h) of subsection (1) above include the carrying out of agricultural operations and the carrying on of forestry and afforestation.
The powers conferred by paragraphs (c), (d) and (h) of subsection (1) above may be exercised outside the area for which the Board is responsible.
Finance may be provided under this section by way of grant, loan or the giving of guarantees or by any combination of those means.
The conditions which may be attached to the provision of finance under this section include conditions for repayment of the whole or any part of a grant in any circumstances.
The Board shall not exercise the powers— without the consent of the Secretary of State.
to dispose of land or other property, or
to provide finance under subsection (1)(d) above, or
to carry on or acquire and carry on any undertaking or business,
The Secretary of State shall not consent under subsection (6) above to the provision of finance under subsection (1)(d) above without the approval of the Treasury.
In exercising any of the powers conferred by subsection (1) above, the Board shall have regard to the need to conserve agricultural land and to the requirements of agriculture and efficient land management.
Any consent or approval to the exercise of a power under this section may be given for the purpose of the particular case or for the purpose of a class of cases.
Schedule 3 to this Act, which enacts in relation to the Board and certain other authorities and to the areas of new towns for the development of which the Board is responsible under this Act provisions corresponding with provisions of the New Towns Act 1965 about— shall have effect (to the exclusion of any corresponding provision of that Act which is capable of applying within the area for which the Board is responsible).
planning control,
compulsory acquisition of land for roads,
the procedure for compulsory acquisition of land,
special powers for using land acquired,
statutory undertakers affected by the acquisition of land, and
the provision of sewerage services,
In this Act " the new towns code " means the provisions of section 6(2)(a) of and Schedule 3 to this Act, and any reference to a numbered Part of that code is a reference to the correspondingly numbered Part of that Schedule.
The power to acquire land conferred on the Board by section 4(1) of this Act is a power— for the purpose of enabling the Board to discharge its general function under this Act.
to acquire land by agreement, with the approval of the Secretary of State, and
to acquire land compulsorily, if so authorised by the Secretary of State,
The power of the Board under the said section 4(1) to acquire land compulsorily shall be exercised as follows, that is to say— and for the purpose of the application of that Act to a compulsory purchase order under paragraph (b) above, it shall be assumed that the Board is a local authority within the meaning of that Act and that section 4(1) of this Act was in force immediately before the commencement of that Act.
where the land is situated within the area of a new town or is land associated with the area of a new town, by means of a compulsory purchase order under this paragraph made by the Board and submitted to and confirmed by the Secretary of State in accordance with Part III of the new towns code ;
in the case of any other land, by means of a compulsory purchase order under this paragraph made by the Board and submitted to and confirmed by the Secretary of State in accordance with Schedule 1 to the Acquisition of Land (Authorisation Procedure) Act 1946;
For the purposes of subsection (2) above, land is associated with the area of a new town if it is land—
which is adjacent to that area and is required for purposes connected with the development of the new town by the Board ; or
which, whether adjacent to that area or not, is required for the provision of services for the purposes of the new town.
Part I of the Compulsory Purchase Act 1965 shall apply—
for the purposes of the acquisition of land under this Act by agreement so far as it is applicable and in particular as if section 27 (making good rate deficiencies) were omitted;
for the purposes of the acquisition of land under the new towns code as if— and subject to Part IV of that code and any other necessary modifications.
" acquiring authority " had the meaning given in the code;
the new towns code and the compulsory purchase order made under the code were the special Act;
sections 27 and 30(3) (notices) were omitted;
A compulsory purchase order under any provision of this Act may provide for the acquisition of rights over land by creating them as well as for the acquisition of rights already in existence.
The Acquisition of Land (Authorisation Procedure) Act 1946 and the Compulsory Purchase Act 1965 shall have effect with the modifications necessary to make them apply to the compulsory acquisition of rights by virtue of subsection (5) above as they apply to the compulsory acquisition of land so that, in appropriate contexts, references in those Acts to land are read as referring, or as including references, to the rights or to land over which the rights are or are to be exercisable, according to the requirements of the particular context.
Without prejudice to the generality of subsection (6) above, in relation to the acquisition of rights by virtue of subsection (5) above—
Part III of Schedule 1 to the said Act of 1946 (which provides for special parliamentary procedure in the case of the purchase of land of certain descriptions) shall have effect with the adaptations specified in Part I of Schedule 4 to this Act;
Part I of the said Act of 1965 (which relates to compulsory purchases made in accordance with the said Act of 1946) shall have effect with the modifications specified in Part II of Schedule 4 to this Act; and
the enactments relating to compensation for the compulsory purchase of land shall apply with the necessary modifications as they apply to such compensation.
The Board may, with the approval of the Secretary of State, appropriate land acquired for the purpose of any of the Board's functions to the purpose of any of its other functions.
The Board may, with the consent of the Secretary of State, enter into and carry out agreements with the Minister of Overseas Development under which the Board acts, at the expense of that Minister, as the instrument by means of which technical assistance is furnished by that Minister in the exercise of the power conferred by section 1(1) of the Overseas Aid Act 1966.
The Board may, with the consent of both the Secretary of State and the Minister of Overseas Development, enter into and carry out agreements under which the Board, for any purpose specified in section 1(1) of that Act, furnishes technical assistance in a country or territory outside the United Kingdom against reimbursement to the Board of the cost of furnishing that assistance.
The Board may appoint a local authority, development corporation of a new town or any other body of a public nature to discharge any of the Board's functions on its behalf and that authority, corporation or body shall have power to do whatever is necessary to enable it to discharge the functions it is so appointed to discharge.
The Board may, with the consent of the Housing Corporation, appoint a registered housing association to discharge on behalf of the Board the Board's function of providing housing under section 4(1) of this Act.
For the purpose of assisting the Board to discharge its functions (whether in pursuance of subsection (1) above or otherwise), a local authority, development corporation of a new town or other body of a public nature may, on being so requested by the Board, place the services of its staff at the Board's disposal, on such terms as may be agreed with the Board.
In this section " housing association " and, in relation to it, " registered " have the same meanings as in the Housing Act 1974 as that Act applies to England and Wales.
The Board may borrow temporarily, by way of overdraft or otherwise, such sums as it may require for meeting its obligations and discharging its functions—
in sterling from the Secretary of State, or
with the consent of the Secretary of State, or in accordance with any general authority given by the Secretary of State, either in sterling or in a currency other than sterling from a person other than the Secretary of State.
The Board may borrow otherwise than by way of temporary loan such sums as the Board may require—
in sterling from the Secretary of State, or
with the consent of the Secretary of State, in a currency other than sterling from a person other than the Secretary of State.
The Board may, with the consent of the Secretary of State, borrow otherwise than by way of temporary loan from the Commission of the European Communities or the European Investment Bank sums in any currency.
The Board shall not borrow money otherwise than under this section.
The Secretary of State may lend to the Board any sums which the Board has power to borrow from him, and any such loan shall be repaid to the Secretary of State at such times and by such methods, and interest on the loan shall be paid to him at such rates and at such times, as he may from time to time determine.
The Treasury may issue out of the National Loans Fund to the Secretary of State such sums as are necessary to enable him to make loans under this section, and any sums received by the Secretary of State in pursuance of subsection (5) above shall be paid into that Fund.
The Secretary of State shall prepare in respect of each financial year an account of the sums issued to him in pursuance of subsection (6) above and the sums received by him in pursuance of subsection (5) above and of the disposal by him of those sums.
The Secretary of State shall send the account prepared under subsection (7) above to the Comptroller and Auditor General before the end of the month of November next following the end of the year to which the account relates.
The Comptroller and Auditor General shall examine, certify and report on the account so sent to him and shall lay copies of the account and of his report on it before each House of Parliament.
The Secretary of State shall not lend money to the Board under this section or give his consent or authority to the Board's borrowing money under this section or make any determination under subsection (5) above without the approval of the Treasury.
The Secretary of State shall prepare the account required by subsection (7) above in such manner and the account shall be in such form as the Treasury may direct.
The Treasury may guarantee, in such manner and on such conditions as they think fit, the repayment of the principal of and the payment of interest on any sums which the Board borrows from a person other than the Secretary of State.
Immediately after a guarantee is given under this section the Treasury shall lay a statement of the guarantee before each House of Parliament.
Where any sum is issued for fulfilling a guarantee given under this section the Treasury shall, as soon as practicable after the end of each financial year (beginning with that in which the sum is issued and ending with that in which the liability in respect of the principal of the sum and in respect of interest thereon is finally discharged), lay before each House of Parliament a statement relating to that sum.
Any sums required by the Treasury for fulfilling a guarantee given under this section shall be charged on and issued out of the Consolidated Fund.
If any sums are issued in fulfilment of a guarantee given under this section, the Board shall make to the Treasury, at such times and in such manner as the Treasury may 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.
Any sums received by the Treasury in pursuance of subsection (5) above shall be paid into the Consolidated Fund.
The Secretary of State may pay to the Board such sums in respect of expenditure incurred or to be incurred by the Board for the purpose of meeting its obligations or discharging its functions as he may, with the consent of the Treasury, determine.
Any expenditure incurred or to be incurred by the Board in consequence of the transfer under section 3(2)(a) of this Act to the Board of the property, rights, liabilities and obligations of a development corporation is expenditure incurred or to be incurred for that purpose.
The aggregate amount outstanding, otherwise than by way of interest, in respect of— shall not exceed the limit specified in subsection (2) below.
sums borrowed by the Board under section 9 of this Act;
sums issued by the Treasury in fulfilment of guarantees under section 10 of this Act; and
sums paid to the Board by the Secretary of State under section 11 of this Act;
The said limit is £25 million, but the Secretary of State may by order made with the consent of the Treasury raise the limit to £40 million.
No order shall be made under subsection (2) above unless a draft of the order has been laid before, and approved by a resolution of, the House of Commons.
Where it appears to the Secretary of State, after consultation with the Board and the Treasury, that the Board has a surplus, whether on capital or on revenue account, after making allowance for sums set aside by way of transfer to reserve or otherwise for the Board's future requirements, the Board shall, if the Secretary of State so directs after consultation with the Board and the Treasury, pay to the Secretary of State such sums not exceeding the amount of that surplus as may be specified in the direction.
Any sums received by the Secretary of State in pursuance of subsection (1) above shall, subject to subsections (3) and (4) below, be paid into the Consolidated Fund.
The whole or part of any payments made to the Secretary of State by the Board in pursuance of subsection (1) above shall, if the Secretary of State with the approval of the Treasury so determines, be treated as made by way of repayment of so much of any money lent to the Board under section 9 of this Act by the Secretary of State, and as made in respect of repayments due at such times, as may be so determined.
Any sum treated under subsection (3) above as a repayment of money lent to the Board by the Secretary of State shall be paid by the Secretary of State into the National Loans Fund.
The Board shall—
keep proper accounts and proper records in relation to the accounts;
prepare in respect of each accounting year of the Board a statement of accounts in such form as the Secretary of State may, with the approval of the Treasury, determine.
The statement of accounts prepared by the Board for each accounting year shall be submitted to the Secretary of State at such time as he may direct
The Secretary of State shall, on or before the 30th November in any year, send to the Comptroller and Auditor General the statement of accounts prepared by the Board under subsection (1) above for the accounting year last ended.
The Comptroller and Auditor General shall examine, certify and report on the statement of accounts sent to him under subsection (3) above and shall lay copies of the statement of accounts and of his report on them before each House of Parliament.
The Board shall provide the Secretary of State with such information relating to its activities or proposed activities as he may from time to time require.
The Board shall, for the purpose of providing such information, permit any person authorised in that behalf by the Secretary of State or the Comptroller and Auditor General to inspect and make copies of its accounts, books, documents or papers and shall afford to that person such explanation thereof as he may reasonably require.
Any person duly authorised in writing by the Secretary of State or the Board may, at any reasonable time, enter upon land in order to survey it or estimate its value—
for the purpose of determining whether and, if so, in what manner any of the functions of the Board or of the Secretary of State under this Act should be discharged in relation to that land ;
in connection with any proposals for submission or any proposals submitted by the Board to the Secretary of State under section 3(1)(b) of this Act;
where the Board has under consideration the purchase of the land or the carrying out on the land of any building or other operations or the provision of services for the land or is authorised to acquire it.
Any person duly authorised in writing by a local highway authority may, at any reasonable time, enter upon land in order to survey it or estimate its value where the local highway authority has under consideration the acquisition of the land under Part II of the new towns code or is authorised so to acquire it.
The power conferred by subsection (1) above includes power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals in it.
A person entering upon land by virtue of subsection (1) or (2) above may take with him such other persons as may be necessary.
A person authorised under subsection (1) or (2) above to enter upon land shall, if so required by the occupier or anyone acting on his behalf, produce evidence of his authority, and shall not demand admission as of right to any land which is occupied unless at least 5 days notice, or in the case of land occupied for residential purposes at least 14 days notice, of the intended entry has been given to the occupier.
A person shall not carry out any works authorised by subsection (1) above unless notice of his intention to do so has been included in the notice required by subsection (5) above, and if the land in question is held by statutory undertakers and those undertakers object to the proposed works on the ground that the carrying out of those works would be seriously detrimental to the carrying on of their statutory undertaking, the works shall not be carried out without the authority of the appropriate Minister.
It shall be the duty of a person exercising the power conferred by subsection (1) or (2) above—
to take reasonable care to avoid damage to plant, machinery, equipment, livestock, crops or enclosures; and
on leaving the land to secure it as effectively against unauthorised entry as he found it.
Where any land is damaged in the exercise of the power conferred by subsection (1) or (2) above, compensation in respect of that damage may be recovered by any person interested in the land from the Secretary of State, the Board or the local highway authority, as the case may be.
A person who wilfully obstructs a person acting in the exercise of the power conferred by subsection (1) or (2) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100.
If the Board is considering discharging any of its functions under this Act in relation to any land, it may, by notice served on the owner or occupier of that land, require him to state in writing the nature of his interest therein and the name and address of any other person known to him as having an interest therein, whether as a freeholder, mortgagee, lessee, or otherwise.
Any person who, having been required in pursuance of subsection (1) above to give any information, refuses or fails without reasonable cause to give that information shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100.
Any person who, having been so required to give any information, gives information which he knows to be false, shall be guilty of an offence and liable—
on summary conviction, to a fine not exceeding £400, or
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to, any neglect on the part of any director, manager, secretary or other similar officer of the body corporate or a 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.
Where the affairs of a body corporate are managed by its members, subsection (4) above shall apply in relation to the acts or defaults of a member in connection with his functions of management as if he were a director of the body corporate.
Nothing in section 9 of the Statistics of Trade Act 1947 (restrictions on disclosure of information obtained under that Act) shall prevent or penalise the disclosure by the Secretary of State, the Manpower Services Commission, the Employment Service Agency or the Training Services Agency, to an officer of the Board of information obtained under that Act, consisting of—
the name and address of any establishment,
the numbers of persons of different descriptions employed there, and
the nature of the activities carried on there.
Section 4 of the Employment and Training Act 1973 (obtaining and disclosure of information by the Commission and Agencies) shall accordingly have effect as if—
in subsection (3)(e), after the word " 1972 " there were inserted the words " the Development Board for Rural Wales ";
in subsection (5), after paragraph (e), there were inserted the following paragraph—.
There shall be payable to the Board in accordance with Parts I and II of Schedule 5 to this Act a subsidy, consisting of three elements, in respect of housing provided by the Board in any part of the area for which the Board is responsible.
The three elements of the subsidy payable under this section (which correspond with elements in the housing subsidy payable to new town corporations under section 2 of the Housing Rents and Subsidies Act 1975) are—
the basic element,
the new capital costs element, and
the high costs element.
The subsidy payable under this section shall be payable for the credit of the housing account kept by the Board.
There shall be payable to the Board in accordance with this section and Part II of Schedule 5 to this Act a subsidy in respect of rebates from rent granted by the Board under a rebate scheme under section 18 of the Housing Finance Act 1972 (as extended to the Board by section 20 of this Act).
The amount of the subsidy for any financial year shall be equal to 75 per cent, of the Board's standard amount of rent rebates for that year.
The subsidy payable under this section shall be payable for the credit of the housing account kept by the Board.
In this section "standard amount of rent rebates" has the meaning given to it by section 20(8) of the Housing Finance Act 1972.
This section has effect for the purpose of extending to the Board so much of Part II of the Housing Finance Act 1972 as requires a housing authority to operate a rent rebate scheme in accordance with that Part.
In section 18 of that Act (duty of housing authority to operate such a scheme), after subsection (1), there shall be inserted the following subsection—
The provisions of Part II of the Housing Finance Act 1972 specified in Part III of Schedule 5 to this Act shall be amended in accordance with that Part of that Schedule.
The Board shall, in the discharge of its functions of management under section 4(1)(a) of this Act, have power in every case where a tenant of one of the Board's housing account dwellings moves to another dwelling (whether or not that dwelling is also a dwelling provided by the Board)—
to pay any expenses of the removal;
subject to subsection (2) below, where the tenant is purchasing the dwelling, to pay any expenses incurred by him in connection with the purchase other than the purchase price.
Subsection (1)(b) above shall only apply in a case where a tenant of a housing account dwelling of the Board moves to another dwelling of the Board if that dwelling has never been let and was built expressly with a view to sale or for letting.
Without prejudice to section 2 of this Act, the Secretary of State may give directions to the Board as to the expenses which may be treated for the purposes of this section as incurred in connection with the purchase of a dwelling and limiting the amount which the Board may pay in respect of such expenses.
The Board may make the payment of expenses under this section subject to such conditions as it thinks fit.
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The Welsh Development Agency Act 1975 shall be amended as provided in this section.
In section 2(1) (membership of the Agency), for the words " six nor more than eight" there shall be substituted the words " seven nor more than nine ".
In section 2, after subsection (1), there shall be inserted the following subsection—; and in subsection (2) (appointment of members by Secretary of State), after the words " other members of the Agency ", there shall be inserted the words " (other than the chairman of the Development Board for Rural Wales) ";
In section 5 (Agency may discharge certain of their functions through agents), after subsection (1), there shall be inserted the following subsection—
This section applies to property of the following descriptions, that is to say, industrial sites, factories and land used for industrial purposes which— and to all rights, obligations and liabilities arising out of the ownership or occupation of such property (in this section referred to as " related rights, obligations and liabilities").
is or are situated within the area for which the Board is responsible, and
at the day appointed for this section to come into operation, is or are vested in the Welsh Development Agency;
The Secretary of State may from time to time by order under this section transfer from the "Welsh Development Agency to the Board on such date as may be specified in the order such property to which this section applies together with such related rights, obligations and liabilities of the Agency at that date as may be specified in the order.
Schedule 6 to this Act shall have effect in relation to staff employed by the Council for Small Industries in Rural Areas.
In that Schedule " the Council" means the Council referred to in subsection (1) above and " the Agency " means the Welsh Development Agency.
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Subject to subsection (2) below, the Secretary of State may, with the approval of the Treasury, give financial assistance to any person (other than the Board) engaged in an activity in Wales which the Secretary of State considers will contribute to the social development of Wales or any part of Wales.
The Secretary of State shall not give financial assistance under this section to a person who carries on or intends to carry on an industrial undertaking.
The financial assistance may be by way of grant, loan or the giving of guarantees or by any combination of those means.
The conditions which may be attached to the giving of financial assistance under this section include conditions for repayment of the whole or any part of a grant in any circumstances.
Any sums repaid to the Secretary of State in pursuance of this section shall be paid by him into the Consolidated Fund.
This section has effect in relation to any document required or authorised by or under this Act to be served on any person other than a document in relation to which provision as to service is made by the new towns code or the Acquisition of Land (Authorisation Procedure) Act 1946.
Any such document may be served on the person to be served either by delivering it to him, or by leaving it at his proper address, or by sending it by post.
Any such document required or authorised to be served on a body corporate or a firm shall be duly served if it is served on the secretary or clerk of that body or a partner of that firm.
For the purposes of this section, and of section 26 of the Interpretation Act 1889 in its application to this section, the proper address of a person shall be—
in the case of a secretary or clerk of a body corporate, that of the registered or principal office of that body;
in the case of a partner of a firm, that of the principal office of the firm;
in any other case, the last known address of the person to be served.
The power to make regulations or orders under this Act (other than orders excepted from this provision by subsection (2) below) shall be exercisable by statutory instrument.
The orders excepted from subsection (1) above are compulsory purchase orders and orders under any provision of Schedule 3 to this Act.
A statutory instrument containing regulations made under this Act shall be subject to annulment in pursance of a resolution of either House of Parliament.
A statutory instrument containing an order under subsection (2) or (3) of section 1 of this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Any power to make an order (other than a compulsory purchase order) under this Act includes a power, exercisable in the like manner and subject to the like conditions, to vary or revoke the order.
A direction under any provision of this Act may be— and may be varied or revoked by a subsequent direction under that provision.
either general or limited to a particular case or class of cases, or
unconditional or subject to conditions,
any subsidy under this Act,
any grants or loans made or other sums paid by the Secretary of State under this Act,
any expenses of any Minister under this Act, and
any increase in the sums payable out of money provided by Parliament under any other Act which is attributable to this Act.
In this Act, except where the context otherwise requires—
" accounting year ", in relation to the Board, means the period of twelve months ending with the 31st March in any year, except that the Board's first accounting year shall begin with the day on which the Board is incorporated by virtue of this Act and end on 31st March 1978;
" new town " and " area of a new town " have the same meanings as in the New Towns Act 1965 ;
" appropriate Minister " has the meaning given by paragraph 56 of Schedule 3 to this Act;
" development ", in relation to a new town, includes laying out and redevelopment;
" operational land ", in relation to statutory undertakers, means— not being land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests are held, for the purpose of the carrying on of statutory undertakings;
land which is used for the purpose of carrying on their undertaking, and
the British Airports Authority, the Civil Aviation Authority, the National Coal Board, the Post Office, the United Kingdom Atomic Energy Authority;
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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.
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This Act may be cited as the Development of Rural Wales Act 1976.
This Act (except this section) shall come into operation on such day as the Secretary of State may by order appoint and different days may be appointed under this subsection for different provisions of this Act.
With the exception of paragraph 8 of Schedule 1, this Act does not extend to Northern Ireland.
Section 1(7).
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to satisfy himself, before he appoints a person to be a member of the Board, or gives his approval under paragraph 18 below to the appointment of a person to be a member of a committee of the Board, that he will have no such financial or other interest as is likely to affect prejudicially the discharge of his functions as a member ; and
to satisfy himself from time to time with respect to each member that he has no such interest;
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pay such pensions, allowances or gratuities to or in respect of them, or
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,
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any directions given to the Board under section 2 of this Act;
a summary of any proposals submitted to him under section 3(1)(b) of this Act.
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whether any directions have been given to the Board under this Act or whether any directions so given have been complied with ; or
whether the approval or consent of the Secretary of State or the Minister for the Civil Service required for any of the purposes of this Act has been given, or whether any condition subject to which any such approval or consent was given has been complied with ;
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to be an instrument made or issued by or on behalf of the Board and to be sealed with the seal of the Board authenticated in the manner provided by paragraph 23 above, or to be signed or executed by the secretary or a person authorised by the Board to sign or execute its documents; or
to be such a certificate as is mentioned in paragraph 24 above;
Section 3(4).
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so long as he continues in the employment of the Board 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 development corporation's staff immediately before joining the Board's staff; and
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 Board's staff, the terms and conditions of his employment, taken as a whole, are not less favourable than those which he then enjoyed.
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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
may apply, with or without modifications, the provisions of any other rules or regulations relating to similar matters.
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the Redundancy Payments Act 1965 ;
the Contracts of Employment Act 1972 ; and
the Trade Union and Labour Relations Act 1974,
Section 5(1).
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any owner or occupier of any of the land thereby designated who, at any time after the publication of the notice of the order as submitted, has sent to the acquiring authority a request in writing to serve him with the notice required by this paragraph giving an address for service and the prescribed particulars of his interest;
any person who has duly made an objection to the order and at the time of making it or thereafter has sent to the acquiring authority such z. request as aforesaid ; and
such other persons, if any, as the Secretary of State may specify, whether individually or as members of a class of persons.
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that the acquisition would be requisite only for the purpose of controlling development, and
that every owner has entered, or is willing to enter, into such an agreement with the local highway authority or the Secretary of State as is provided for by paragraph 1(4) of this Schedule, or is bound by such an agreement, and that the agreement or proposed agreement is satisfactory for the said purpose. the order shall not be confirmed so as to authorise the acquisition of any part of the land as to which the Secretary of State is satisfied as aforesaid.
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publish in the manner mentioned in paragraph 4 above, and
in any case in which he thinks it requisite to do so, serve on every owner of any of the land to which the order as prepared in draft relates,
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with the substitution, for references to the Board and to the local highway authority, of references to the Secretary of State;
with the substitution, for references to an order as submitted and to confirmation of an order, of references respectively to an order as prepared in draft and to the making of an order;
with the omission, in paragraph 6(5), of the references to the Board and the local highway authority ;
with the substitution, for the references to a compulsory purchase order made by the local highway authority and to the notice required by paragraph 4 above, of references respectively to a compulsory purchase order made by the Secretary of State and to the notice required by paragraph 12 above; and
with the substitution, in paragraph 10, of the words " the Secretary of State proposes to make " for the words " there is submitted to the Secretary of State ".
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with the substitution, for references to an application and to the making of a compulsory purchase order thereon, of references to such an order as prepared in draft and to the making of such an order, and
with the omission of the references in paragraph 19(2) to the acquiring authority.
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land acquired under the new towns code, and
land acquired under this Act by agreement which could have been or have been required to be acquired under the new towns code.
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Section 6(7).
In paragraph 9 of Schedule 1 to the Acquisition of Land (Authorisation Procedure) Act 1946 (which relates to land belonging to local authorities, statutory undertakers or the National Trust), for references to the purchase of land there shall be substituted references to the purchase of rights over land.
In paragraph 10 of that Schedule (which relates to land belonging to statutory undertakers)—
for the words " comprised in " there shall be substituted the words " over which a right is to be acquired by virtue of ";
after the words "purchase of" there shall be inserted the words " a right over ";
for the words " it can be purchased and not replaced " there shall be substituted the words " the right can be purchased "; and
for sub-paragraph (ii) there shall be substituted the following—
In so far as a compulsory purchase order authorises the purchase of a right over land forming part of a common, open space or fuel or field garden allotment, it shall be subject to special parliamentary procedure unless the Secretary of State is satisfied— and certifies accordingly.
In sub-paragraph (3) of the said paragraph 11, after the words " the land " there shall be inserted the words " over which any right is to be " and-at the end of the sub-paragraph there shall be inserted the words " so far as their continuance would be inconsistent with the exercise of that right ".
In paragraph 12 of that Schedule (which among other things relates to ancient monuments), after the words " purchase of " there shall be inserted the words " rights over ".
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" relevant appointed day " means the day specified in an order of the Secretary of State under section 3(2)(a) of this Act dissolving the relevant development corporation as the day on which that corporation is dissolved ;
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In section 20(5) (power of Secretary of State in certain circumstances to allow departures from model schemes), after paragraph (c), there shall be inserted a further paragraph (preceded by the word " or " )—. and after the words " paragraph (c) " there shall be inserted the words " or (d)(ii) ".
In section 21 (extent to which authorities may depart from model schemes), for the words " A housing authority " in subsections (1) and (3) there shall be substituted the words " An authority ".
In section 22 (permitted totals of rebates), for the words "housing authority" in subsection (2) there shall be substituted the word " authority ".
In section 24 (publicity for schemes) the following amendments shall be made, that is to say—
in subsection (5), after the words " of Housing Revenue Account dwellings" there shall be inserted the words " or, in the case of the Development Board for Rural Wales, of housing account dwellings "; and
in subsection (6), after the words "Housing Revenue Account dwellings " there shall be inserted the words " or, in the case of the Development Board for Rural Wales, of one of the Board's housing account dwellings ".
In section 26 (interpretation of Part II) the following amendments shall be made, that is to say—
for the definition of " authority " there shall be substituted—
in the appropriate place in alphabetical order there shall be inserted the following definition—.
In Schedule 4 (procedure), in paragraph 1(3)(a), after the words " Housing Revenue Account dwelling " there shall be inserted the words " or, in the case of the Development Board for Rural Wales, a housing account dwelling ".
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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 staff of the Council immediately before joining the Agency's staff; and
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.
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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
may apply, with or without modifications, the provisions of any other rules or regulations relating to similar matters.
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the Redundancy Payments Act 1965 ;
the Contracts of Employment Act 1972 ; and
the Trade Union and Labour Relations Act 1974,
Section 27.
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In section 91(1) of the Housing Finance Act 1972 (certain bodies exempt from duty to give tenants information about service charges) there shall be added after paragraph (d) the following paragraph (preceded by the word " or " )—
In section 91A of the Housing Finance Act 1972 (certain bodies exempt from right to challenge service charges), in subsection (8), at the end of paragraph (a) there shall be inserted the following sub-paragraph—.
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In section 5(3) of the Housing Act 1974 (power of Housing Corporation to dispose of land with dwellings or hostels to new town and other authorities) after paragraph (e), there shall be inserted the following paragraph—.
In section 84 of the Housing Act 1974, in the definition of "housing authority" (for the purposes of Part VII housing grants and contributions), after the words "Commission for the New Towns " there shall be inserted the words " the Development Board for Rural Wales ".
In section 99(2) of the Housing Act 1974 (provisional notices and improvement notices under that Act not to be served on certain bodies), after paragraph (f), there shall be added the following paragraph—
In section 105 of the Housing Act 1974 (Secretary of State's control of certain expenditure by housing authorities), at the end of subsection (3) there shall be added the words " except that ' housing authority' does not include the Development Board for Rural Wales. "