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Subject to the provisions of this section, where it appears to the Secretary of State that steps should be taken for the purpose of— he may, with the consent of the Treasury, pay to any person out of money provided by Parliament grants of such amounts and payable at such time and subject to such conditions as he may from time to time determine in respect of relevant expenditure which is incurred by that person.
reclaiming or improving any land to which this sub-section applies; or
enabling any such land to be brought into use,
Subsection (1) above applies to—
land which is derelict, neglected or unsightly; and
in relation to 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.
In subsection (1) above “relevant expenditure” means expenditure which is incurred, with the approval of the Secretary of State, after the commencement of this Act in or in connection with—
the carrying out, for the purpose mentioned in that subsection, of any works on the land to which that subsection applies or any other land;
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
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.
Grants under this section may be made in such manner as appears to the Secretary of State to be requisite.
Where the land to which subsection (1) applies is in a development area or intermediate area, the amount of the grant which may be paid under this section to any person shall not exceed—
the prescribed percentage of the relevant expenditure; or
where the applicant for the grant is a local authority in whose area the land to which subsection (1) above applies is situated, 100 per cent.;
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.
in any other case, 80 per cent. or such other percentage as may be prescribed by order made by the Secretary of State with the consent of the Treasury.
In this subsection “the prescribed percentage” means—
where the applicant for the grant is a local authority in whose area the land to which subsection (1) above applies is situated, 100 per cent.;
where the applicant for the grant is the English Industrial Estates Corporation, 100 per cent, or such other percentage as may be prescribed by order made by the Secretary of State with the consent of the Treasury;
in any other case, 80 per cent, or such other percentage as may be so prescribed.
“National Park” means an area designated by an order made under section 5(3) of the said Act of 1949;
where the land to which subsection (1) applies is in a National Park or an area of outstanding natural beauty and the applicant for the grant is a local authority in whose area that land is situated, 75 per cent.;
in any other case, 50 per cent.
In this subsection " the prescribed percentage " means—
where the land to which subsection (1) applies is in a National Park or an area of outstanding natural beauty and the applicant for the grant is a local authority in whose area that land is situated, 75 per cent.;
in any other case, 50 per cent.
“intermediate area” means an area specified as such by an order so made;
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Subject to subsection (8) below, the Secretary of State may by order provide that the foregoing provisions of this section shall have effect in relation to land in any locality specified in the order as they have effect in relation to land in a development area or intermediate area; and any locality so specified shall be known as a derelict land clearance area.
The Secretary of State shall not make an order under subsection (7) above with respect to any locality unless—
he is of the opinion that the economic situation in the locality is such that the making of the order would be particularly appropriate with a view to contributing to the development of industry in the locality; or
the Treasury have consented to the making of the order.
Where at any time— the fact that it is no longer such an area or so comprised shall not affect the amount of grant under this section in any case where the relevant expenditure was approved by the Secretary of State before that time.
a locality ceases to be a development area, intermediate area or derelict land clearance area; or
an area ceases to be an area of outstanding natural beauty or comprised in a National Park,
An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament; an order under subsection (5) above may make such transitional provision as appears to the Secretary of State to be necessary or expedient; and section 1(4) of the Industrial Development Act 1982 (description by reference to areas created or existing for other purposes) shall apply, subject to the necessary modifications, to any order under subsection (7) above made by virtue of subsection (8)(a) above.
In this section—
Section 5. Chapter Short title Extent of repeal 12, 13 & 14 Geo. 6. c. 97. The National Parks and Access to the Countryside Act 1949. Section 97. 1963 c. 29. The Local Authorities (Land) Act 1963. In section 6, subsections (1) and (3). 1966 c. 42 The Local Government Act 1966. Section 9. 1968 c. 41. The Countryside Act 1968. Section 36. 1971 c. 78. The Town and Country Planning Act 1971. In Schedule 23, in Part II, the entry relating to section 9(4) of the Local Government Act 1966. 1972 c. 5. The Local Employment Act 1972. Section 8. In section 14(1), the words “or derelict land clearance area” and “(or the appropriate Minister for the purpose of section 8)”. 1972 c. 63. The Industry Act 1972. Section 13(5). 1974 c. 7. The Local Government Act 1974. In Schedule 7, paragraph 1. 1980 c. 65. The Local Government, Planning and Land Act 1980. Section 117. The above repeals have effect subject to sections 1(12) and 2(3) above.
“local authority” means—
the prescribed percentage of the relevant expenditure; or
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.
“relevant operations” means underground mining operations other than operations for the purpose of the working and getting of 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.
" intermediate area " means an area specified as such by an order so made;
“area of outstanding natural beauty” means an area designated as such by an order made under section 82 of the Countryside and Rights of Way Act 2000;
a county council, . . . , a district council, a London borough council or the Common Council of the City of London; . . .
in relation to an area which is or comprises the whole or part of a National Park and for which a joint planning board, special planning board or National Park Committee has been established, that board or Committee;
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This section extends to England only.
For section 16 of the Welsh Development Agency Act 1975 there shall be substituted the following section—
Subsection (1) above shall not apply as respects the making of a grant under the said section 16 in any case where application for the grant is or was made, or the expenditure is or was incurred, before the commencement of this Act.
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For subsection (2) of section 89 of the National Parks and Access to the Countryside Act 1949 (treatment of derelict land) there shall be substituted the following subsection—
Section 6(3) of the Local Authorities (Land) Act 1963 (which precludes, in certain circumstances, the compulsory acquisition of land for the purposes of the said subsection (2)) shall cease to have effect.
There shall be paid out of money provided by Parliament—
any administrative expenses of the Secretary of State under this Act; and
any increase attributable to this Act in the sums payable out of such money under any other Act.
There shall be paid out of or into the Consolidated Fund or the National Loans Fund any increase attributable to this Act in the sums which are payable out of or into that Fund under any other Act.
This Act may be cited as the Derelict Land Act 1982.
The enactments mentioned in the Schedule to this Act are hereby repealed to the extent specified in the third column of that Schedule.
This Act shall come into force on the expiry of the period of one month beginning with the day on which it is passed.
This Act does not extend to Scotland or Northern Ireland.