مسودة الاستراتيجية العالمية بشأن النظام الغذائي والنشاط البدني والصحة
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”).
The purposes for which the Assembly may exercise its functions under this Act are—
to further the economic and social development of Wales or any part of Wales , and in that connection to provide, maintain or safeguard employment;
to promote efficiency in business and international competitiveness in Wales;
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to further the improvement of the environment in Wales (having regard to existing amenity).
Without prejudice to the following provisions of this Act, the functions of the Assemblyunder this Act shall be—
to promote Wales as a location for businesses, or assist or concert its promotion as such a location;
to provide finance for persons carrying on or intending to carry on businesses;
to carry on industrial undertakings and to establish and carry on new businesses;
otherwise to promote or assist the establishment, growth . . . , modernisation or development of businesses, or a particular business or particular businesses;
to make land available for development;
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to provide sites, premises, services and facilities for businesses;
to manage sites and premises for businesses;
to bring derelict land into use or improve its appearance; . . .
to undertake the development and redevelopment of the environment.
to promote the private ownership of interests in businesses by the disposal of securities and other property held by the Assembly or any of its subsidiaries.
In exercising its functions under this Act the Assembly shall have regard to the requirements of agriculture and efficient land management.
The Assembly may only exercise functions under subsection (3)(c) above through subsidiaries.
The Assembly shall have power to do anything, whether in Wales or elsewhere, which is calculated to facilitate the discharge of its functions specified in subsection (3) above, or is incidental or conducive to their discharge.
In particular, but without prejudice to the generality of subsection (6) above, the Assembly shall have power in connection with its functions under this Act—
to acquire, hold and dispose of securities;
to form bodies corporate;
to form partnerships with other persons;
to make loans;
to guarantee obligations (arising out of loans or otherwise) incurred by other persons;
to make grants;
to act as agent for other persons;
to acquire and dispose of land, plant, machinery and equipment and other property;
to manage land, and to develop land and carry out works on land, and to maintain works or assist in their maintenance;
to make land, plant, machinery and equipment and other property available for use by other persons;
to provide advisory or other services or facilities in relation to any of its functions, or assist in its provision; and
to promote or assist in the promotion of publicity relating to any of the functions of the Assemblyunder this Act.
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lay a copy of the direction before each House of Parliament within 28 days of giving it; or
lay a copy later, but lay with it a statement of the reason why a copy was not laid within 28 days.
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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.
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For the avoidance of doubt it is hereby declared that nothing in this Act is to be construed as authorising the disregard by the Assembly of any enactment or rule of law.
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The Agency shall consist of a* chairman, a deputy chairman and not less than six nor more than eight other members.
The chairman, deputy chairman and other members of the Agency shall be appointed by the Secretary of State.
The members of the Agency shall include persons who appear to the Secretary of State to have wide experience of, and to have shown capacity in, one or more of the following, namely, industry, commerce, banking, accountancy, finance, the organisation or representation of workers, administration, local government and matters relating to the environment.
The Secretary of State, after consultation with the chairman or chairman-designate of the Agency, shall appoint a chief executive of the Agency.
Subsequent appointments to the office of chief executive shall be made by the Agency, with the approval of the Secretary of State.
The chief executive shall be a member of the Agency, but the chairman or deputy chairman shall not be chief executive.
If a person appointed chief executive is not already a member of the Agency, the Secretary of State shall appoint him a member.
It is hereby declared that the Agency shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity, or privilege of the Crown and that the Agency's property is not to be regarded as the property of, or property held on behalf of, the Crown.
The Agency shall not be exempt, except as provided by paragraph 20 of Schedule 1 to this Act, from any tax, duty, rate, levy or other charge whatsoever, whether general or local.
Schedule 1 to this Act shall have effect.
The Assembly shall have power in connection with its functions under this Act—
to make such charge for any of its services as it thinks fit;
to accept any gift made to it for the purposes of any such functions, and subject to the terms of the gift and to the provisions of this Act, to apply it for those purposes;
to carry out or commission the carrying out of such enquiries, investigations or researches as the Assembly may deem necessary or expedient for the purposes of such functions.
The Assembly may appoint a local authority, a National Park authority, the development corporation of a new town or any other body or person to act as its agent to carry out the Assembly's functions mentioned in section 1(3)(a) , (da) and (f) to (i) above or section 21C below.
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For the purpose of assisting the Assembly to carry out any of the functions referred to in subsection (1) above, a local authority, a National Park authority or a development corporation, or any other body of a public nature, on being so requested by the Assembly, may place the services of any of their staff at the Assembly's disposal, on such terms as may be agreed with the Assembly.
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.
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.
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The Welsh Industrial Estates Corporation shall cease to exist, and all that Corporation's property, rights and liabilities shall vest in the Agency; and for the avoidance of doubt, it is hereby declared that planning permission shall be deemed to have been granted under section 29 of the Town and Country Planning Act 1971 in respect of any development initiated by the Corporation before the commencement of this Act.
Schedule 2 to this Act shall have effect.
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All land in Wales which was acquired by or vested in any Minister of the Crown under an enactment specified in subsection (2) below and which is held (otherwise than as security for a loan) for the purposes of the Local Employment Act 1972 shall vest in the Agency, subject to all rights, liabilities and obligations relating to it.
The enactments mentioned in subsection (1) above are the Distribution of Industry Acts 1945 to 1958, the Local Employment Acts 1960 to 1971 and the Local Employment Act 1972.
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For the purpose of providing or managing sites and premises for businesses and providing related facilities, or making land available for development the Assembly 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 Assembly may for that purpose erect buildings and carry out works on any land so acquired.
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 appropriate
The Assembly may undertake or assist in the provision of means of access or other services or facilities in or for an area where this appears to it to be expedient for the purpose of contributing to or supporting the development of businesses in that area.
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The following section shall be inserted after section 60 of the Landlord and Tenant Act 1954 :—.
In section 59 of that Act (compensation for exercise of special powers in relation to tenancies)—
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after subsection (1) there shall be inserted the following subsection:—.
In any case where it appears to the Secretary of State that the powers conferred on him by section 7 of the Industry Act 1972 (powers to give selective financial assistance) are exercisable and ought to be exercised, the Secretary of State, with the consent of the Treasury, may direct the Agency to exercise them; and the Agency shall not require the consent of the Treasury to the exercise of any such powers in pursuance of such a direction.
It shall be the Agency's duty to give effect to any such direction.
The Secretary of State shall consult the Agency before giving any such direction.
A direction may specify—
the purpose for which and manner in which the Agency are to exercise the powers ;
the amount of assistance that they are to give ; and
terms and conditions on which the assistance is to be given.
Any direction given under this section may be varied or revoked by a subsequent direction so given, but nothing in a subsequent direction shall relieve the Agency of a contractual liability to which they are subject in consequence of an earlier direction.
As soon as practicable after the Secretary of State has given a direction under this section he shall lay before each House of Parliament a statement specifying—
the amount of assistance that the Agency are to give in pursuance of the direction ; and
how and to whom they are to give it.
The Agency's report for any accounting year shall specify any direction that has been given under this section during that year and give the information concerning it that is required to be specified in a statement under subsection (6) above.
In any case where the Agency are exercising the Secretary of State's powers in pursuance of a direction under this section, section 7(4) of the Industry Act 1972 (which requires the consent of a company to the acquisition of its shares or stock) shall be construed, notwithstanding the fact that the direction has been given, as requiring the Secretary of State (and not the Agency) to obtain the consent.
If the Agency acquire property in pursuance of any such direction, the Secretary of State shall reimburse them the consideration given for the acquisition and the costs and expenses of and incidental to it.
If they make a grant in pursuance of any such direction, he shall pay them a sum equal to the amount of the grant.
If they make a loan in pursuance of any such direction, he shall make them a loan of the same amount and, subject to subsection (12) below, on such terms as he considers appropriate.
The terms of a loan under subsection (11) above shall only require the Agency to repay the loan when the debtor repays them the loan which they made him.
If the Agency give assistance in pursuance of any such direction by way of any form of insurance or guarantee, the Secretary of State shall assume a correlative liability towards them.
The Secretary of State may pay any administrative expenses of the Agency under this section.
For the avoidance of doubt it is hereby declared, without prejudice to the generality of section 2(8) above, that powers exercised by the Agency under this section are not exercised on behalf of the Crown or of any government department.
The Assembly shall appoint a board to be called the Welsh Industrial Development Advisory Board, to advise it with respect to the exercise of its functions under section 7 of the Industrial Development Act 1982.
The Board shall consist of a chairman and not less than four nor more than seven other members.
The members of the Board shall include persons who appear to the Assembly to have wide experience of, and to have shown capacity in, industry, banking, accounting, finance or the organisation or representation of workers.
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.
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Subject to subsection (2) below, nothing in this Act or in any other enactment (including, subject to any express provision to the contrary, an enactment contained in an Act passed after this Act) shall prevent the transfer to the Agency or the Agency's nominees of any publicly owned securities or other publicly owned property.
Publicly owned securities and other publicly owned property may only be transferred to the Agency or the Agency's nominees with the consent of the Secretary of State or in accordance with any general authority given by the Secretary of State.
The Secretary of State shall lay before each House of Parliament a copy of any general authority given by him under subsection (2) above.
When the Secretary of State has given a consent under subsection (2) above and the consideration for the transfer exceeds £1 million, he shall lay before each House of Parliament a statement specifying—
the securities or other property to be transferred;
the transferor;
the consideration ; and
the date of his consent.
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.
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.
Subject to the provisions of this section, where it appears to the Assembly that steps should be taken for the purpose of— it may exercise as respects that land the powers specified in subsection (3) below.
reclaimimg or improving any land to which this subsection applies; or
enabling any such land to be brought into use,
Subsection (1) above applies to—
land which is derelict, neglected or unsightly; and
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.
The Assembly’s powers under this subsection are— and the Assembly’s powers under this subsection are in addition to, and not in derogation from, any power conferred on it by any other provision of this Act.
a power to pay to any person grants of such amounts and payable at such times and subject to such conditions as it may from time to time determine in respect of relevant expenditure incurred by that person;
a power, after consultation with such local authorities and other bodies as appear to the Assembly to have an interest, to acquire . . ., for the purpose mentioned in subsection (1) above, the land to which that subsection applies or any other land; and
a power to carry out, for that purpose, any works on the land to which that subsection applies or any other land;
In subsection (3)(a) above “relevant expenditure” means expenditure incurred, with the approval of the Assembly, in or in connection with—
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;
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 subsection (3)(a) above may be made in such manner as appears to the Assembly to be requisite.
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— In this subsection “the prescribed percentage” means 80 per cent. or such other percentage as may be prescribed by order made by the Assembly.
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.
After carrying out works on land acquired under subsection (3)(b) above the Assembly may dispose of it free of charge to a local authority or the development corporation of a new town for the purpose of its use as a public open space.
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.
In this section— “local authority” means—
a county council or county borough council . . .
. . . “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.
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After consultation with the Agency, the Secretary of State shall, with the approval of the Treasury, determine the financial duties of the Agency, and different determinations may be made in relation to different functions and activities of the Agency.
The Secretary of State shall give the Agency notice of every determination, and a determination may—
relate to a period beginning before the date on which it is made;
contain incidental or supplemental provisions; and
be varied by a subsequent determination.
Schedule 3 to this Act shall have effect.
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the general external borrowing of the Agency and their wholly owned subsidiaries;
sums issued by the Treasury in fulfilment of guarantees under paragraph 6 of Schedule 3 below and not repaid to the Treasury ;
sums paid to the Agency by the Secretary of State out of money provided by Parliament less repayments to the Secretary of State by the Agency and less such sums paid in respect of the administrative expenses of the Agency;
loans guaranteed by the Agency otherwise than under section 12 above;
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in relation to the Agency, sums borrowed by them other than—
sums borrowed from a body corporate which is one of the Agency's wholly owned subsidiaries at the time of the loan ;
any sums mentioned in subsection (2)(b) above; or
sums borrowed by the Agency for the purpose of giving assistance under section 12 above ; and
in relation to a wholly owned subsidiary of the Agency, sums borrowed by it when it was such a subsidiary other than sums borrowed from the Agency or from another wholly owned subsidiary,
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Subject to subsection (2) below, neither the Agency nor any of the Agency's subsidiaries—
shall commence a business of publishing newspapers, magazines or other periodicals for sale to the public in the United Kingdom; or
enter into any contract with the Independent Broad casting Authority for the provision of programmes.
Subsection (1) above does not apply to periodicals wholly or mainly concerned with the activities of the Agency or any of the Agency's subsidiaries.
Subject to subsection (4) below, neither the Agency nor any of the Agency's subsidiaries shall acquire any of the share capital of a body corporate if a substantial part of the undertaking—
of that body corporate, or
of a group of companies of which it is the holding company,
consists of carrying on—
a business such as is mentioned in paragraph (a) of subsection (1) above, or
the activities of a programme contractor.
Subsection (3) above shall not prevent the acquisition of share capital of a body corporate if the acquisition is made in pursuance of a direction under section 12 above.
Subject to subsections (7) and (8) below, if the Agency or any of the Agency's subsidiaries acquire any of the share capital of a body corporate which carries on any such business as is mentioned in subsection (1)(a) above, it shall be their duty to exercise their voting power with a view to securing that the body corporate disposes of the business as soon as practicable.
Subject to subsections (7) and (8) below, if the Agency or any of the Agency's subsidiaries acquire any of the share capital of a body corporate which has any interest, direct or indirect, in a body corporate which carries on such a business, it shall be their duty to exercise their voting power with a view to securing that the capital of the body corporate which carries on that business is disposed of as soon as practicable.
The Secretary of State may direct that the Agency or a subsidiary of the Agency shall not be under any duty imposed by subsection (5) or (6) above during such time as the direction is in force.
The Secretary of State may only give such a direction as is mentioned in subsection (7) above if he is of the opinion that without such a direction serious commercial injury would be caused to any newspaper, magazine or periodical concerned.
If the Agency or any of the Agency's subsidiaries acquire any of the share capital of a body corporate which is a programme contractor, they shall consult the Independent Broadcasting Authority as to the steps that they are to take with regard to that share capital and obey any direction given by that Authority.
Without prejudice to the foregoing provisions of this section, it shall be the duty of the Agency and of any of the Agency's subsidiaries to use any power to control or influence the carrying on of a business such as is mentioned in paragraph (a) of subsection (1) above or of the activities of a programme contractor only in relation to financial or commercial matters.
In this section " programme contractor " has the meaning assigned to it by section 2(3) of the Independent Broadcasting Authority Act 1973.
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Neither the Agency nor any of their subsidiaries shall acquire any of the share capital of a body corporate except with the consent of the Secretary of State or in accordance with any general authority given by the Secretary of State—
if its acquisition would entitle the Agency to exercise or control the exercise of 30 per cent, or more of the votes at any general meeting of the body corporate; or
if the value of the consideration for its acquisition, together with the value of any consideration paid for share capital of that body corporate previously acquired, would exceed £2 million.
Subsection (1)(a) above shall not restrict the acquisition of share capital of a body corporate which gives a right to vote exercisable only in restricted circumstances.
Nothing in subsection (1) above shall be taken to restrict the power to form bodies corporate conferred on the Agency by section 1(7)(b) above.
In any case where the Agency hold share capital such as is mentioned in subsection (2) above, the fact that they hold it shall be disregarded for the purpose of determining whether subsection (1)(a) above prevents their acquisition of further share capital of the same body corporate.
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The power to aquire land conferred on the Agency by section 1(7)(h) above is a power—
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.
Where the Agency propose to acquire land compulsorily for or in connection with the carrying on of industrial undertakings in any area, they may acquire only such land as appears to them to be necessary to secure an adequate supply of land for industrial undertakings in that area.
The power to dispose of land conferred by section 1(7)(h) above is a power to dispose of it with the approval of the Secretary of State.
Except as provided by section 16(4) above, the Agency shall not, except with the consent of the Secretary of State, dispose of land for a consideration less than the best that can reasonably be obtained.
The Acquisition of Land (Authorisation Procedure) Act 1946 shall apply in relation to the compulsory acquisition of land by the Agency as if this Act had been in force immediately before the commencement of that Act and as if the Agency were a local authority within the meaning of that Act.
For the purpose of the acquisition by the Agency of land by agreement the provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable) other than sections 4 to 8, 10 and 27 shall apply.
A compulsory purchase order made by virtue of this section may provide for the acquisition of rights over land by creating them as well as for the acquisition of rights already in existence.
The Agency may, with the approval of the Secretary of State, appropriate land acquired for the purpose of any of their functions to the purpose of any of their other functions.
The powers to acquire land mentioned in sections 1(7)(h) and 16(3)(b) above are powers—
to acquire land by agreement;
in relation to land in Wales, to acquire land compulsorily; and
in relation to land in England, to acquire land compulsorily if authorised to do so by the Secretary of State.
Where the Assembly acquires or has acquired land under subsection (1) above, it has power— the land described in subsection (2A) below.
to acquire by agreement,
in relation to land in Wales, to acquire compulsorily, and
in relation to land in England, if authorised to do so by the Secretary of State, to acquire compulsorily,
The land is—
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
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.
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).
Before the Assembly acquires land under subsection (1) for the purpose of its function under section 1(3)(da) above, it shall—
consider whether the land would or would not in its opinion be made available for development if it did not act;
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;
(in the case where no planning permission has been granted in respect of the land) consult every relevant local authority; and
consider the needs of those engaged in building, agriculture and forestry and of the community in general.
For the purposes of subsection (4)(c) above, each of the following is a relevant local authority—
the council of any county, county borough or district in whose area the land, or any part of the land, is situated;
any joint planning board in whose district the land, or any part of the land, is situated; ...
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 ; and
any corporate joint committee in whose area the land, or any part of the land, is situated.
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.
Where the Assembly has— 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.
acquired land under subsection (1) above for the purposes of its function under section 1(3)(da) above; or
under subsection (6) above has appropriated land to that purpose,
Schedule 4 to this Act shall have effect.
Any person duly authorised in writing by the Secretary of State or the Agency may, at any reasonable time, enter upon land in order to survey it for the purposes of determining whether, and if so in what manner, the functions of the Agency or the Secretary of State under any provision of this Act should be exercised in relation to the land.
The power of survey conferred by this section 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 authorised under this section to enter upon any 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 five days notice, or in the case of land occupied for residential purposes at least fourteen days notice, of the intended entry has been given to the occupier.
Where any land is damaged in the exercise of a power of entry conferred by this section, compensation in respect of that damage may be recovered by any person interested in the land from the Secretary of State or the Agency, as the case may be.
A person shall not carry out any works authorised by this section unless notice of his intention so to do has been included in the notice required by subsection (3) above, and if the land in question is held by any 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 authority of the appropriate Minister.
A person entering upon any land by virtue of this section may take with him such other persons as may be necessary.
It shall be the duty of a person exercising powers conferred by this section—
to take reasonable care to avoid injury to plant, machinery, equipment, livestock, crops or enclosures, and
on leaving any land, to secure it as effectively against unauthorised entry as he found it.
Any reference to land in the foregoing provisions of this section includes a reference to buildings or other structures on land.
A person who wilfully obstructs any person acting in the exercise of powers under this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £100.
If any person who, in compliance with the provisions of this section, is admitted into a factory, workshop or workplace discloses to any person any information obtained by him therein 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 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 a fine, or both.
In exercising any power under this Act to dispose of land, the Assembly shall not dispose of land for a consideration less than the best that can reasonably be obtained except—
as provided by section 16(7) above; or
otherwise as it considers appropriate.
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If the Agency are considering exercising any of their functions under this Act in relation to any land, they 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 this section 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, knowingly makes any misstatement in respect thereof 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 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 and 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 Agency 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; and, accordingly, section 4 of the Employment and Training Act 1973 (obtaining and disclosure of information by the Commission and Agencies) shall have effect as if—
in subsection (3)(e), after the word " 1972 " there were inserted the words " the Welsh Development Agency ";
in subsection (5) after paragraph (d) there were inserted the following paragraph—.
The Assembly may, if requested to do so by a public authority—
advise the authority about disposing of any of the authority’s land in Wales to other persons; and
assist the authority in disposing of the land.
In subsection (1) above “public authority” means—
a government department;
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a county council, county borough council or community council;
a National Park authority;
a development corporation for a new town;
a Local Health Board, Special Health Authority or National Health Service trust;
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;
any statutory undertakers; or
any other public authority, body or undertakers specified in an order made by the Assembly.
The Assembly may assist—
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;
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; ...
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 ; or
a corporate joint committee in making an assessment of land in its ... area which is, in its opinion, available and suitable for development.
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Any notice or other document required or authorised by or by virtue of this Act to be served on any person may be served on him either by delivering it to him or by leaving it at his proper address or by sending it by post.
Any notice or other document so 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, in the case of a secretary or clerk of a body corporate, shall be that of the registered or principal office of that body, in the case of a partner of a firm, shall be that of the principal office of the firm, and, in any other case, shall be the last known address of the person to be served.
In this Act, unless the context otherwise requires— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “the appropriate Minister” in relation to any statutory undertakers in relation to whom it is defined by section 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; “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; “common” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882 and any town or village green; “corporate joint committee” means a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021; “dispose” includes dispose by sale or exchange or dispose by lease (whether by grant or assignment) and related expressions shall be construed accordingly; “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 section 1159 of the Companies Act 2006 ; . . . “land” has the meaning given by Schedule 1 to the Interpretation 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— 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 . . . , . . . hydraulic power or water or hydraulic power , and the Civil Aviation Authority . . ., a 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) any 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 the Town and Country Planning Act 1990; and “statutory undertaking” shall be construed accordingly; “subsidiary” means a subsidiary as defined by section 1159 of the Companies Act 2006 ; and “universal service provider” has the same meaning as in Part 3 of the Postal Services Act 2011; and references to the provision of a universal postal service shall be construed in accordance with that Part; “wholly owned subsidiary” has the meaning assigned to it by section 1159 of the Companies Act 2006 .
" statutory undertakers " means—
" subsidiary " means a subsidiary as defined by section 154 of the Companies Act 1948 ; and
the Civil Aviation Authority, the National Coal Board, the Post Office and any other authority, body or undertakers which by virtue of any enactment are to be treated as statutory undertakers for the purposes of the Town and Country Planning Act 1971;and "statutory undertaking" shall be construed accordingly;
" the appropriate Minister " in relation to any statutory undertakers in relation to whom it is defined by section 224 of the Town and Country Planning Act 1971 or any other Act, has the meaning assigned to it by the Act so defining it;
" holding company " means a holding company as denned in section 154 of the Companies Act 1948;
" industry " includes any description of commercial activity, and any section of an industry and " industrial " has a corresponding meaning;
" wholly owned subsidiary " has the meaning assigned to it by section 150(4) of that Act.
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.
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by or on behalf of the Crown;
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 ;
by any corporation constituted by or under any enactment under which an industry or part of an industry is carried on by that corporation under national ownership or control; or
by a wholly owned subsidiary of any such corporation.
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.
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.
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.
Any power to make an order or regulations conferred by any provision of this Act , other than a compulsory purchase order or an order under paragraph 11(5) or 13(6) of Schedule 4, shall be exercisable by statutory instrument.
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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.
Any regulations or order under this Act—
may make different provision for different areas or other different cases; and
may include transitional and other supplementary and incidental provisions.
This Act may be cited as the Welsh Development Agency Act 1975.
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Section 1(6) above ...extends to Northern Ireland, but none of the other provisions of the Act so extends.
It shall be the duty of the Secretary of State— 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.
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
to satisfy himself from time to time with respect to each member that he has no such interest;
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.
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.
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.
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.
If the Secretary of State is satisfied that a member of the Agency— the Secretary of State may declare his office as a member of the Agency vacant. 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. 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.
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.
Subject to section 2(4) and (5) above, the staff of the Agency shall be appointed by the Agency, . . .
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 . . ..
The Agency shall make such provision as may be determined by the Secretary of State . . .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.
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 . . ., may direct the Agency to make to that person a payment of such amount as the Secretary of State may determine . . ..
The Agency may, in the case of such of the persons employed by them as may be determined by the Secretary of State . . ., 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 . . .. 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. 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.
In Part II of Schedule 1 to the 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 ”.
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.
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. The member shall not— 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. 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.
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.
The Agency shall be a body corporate.
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.
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.
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. 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.
A person dealing with the Agency, or with a person claiming under the Agency, shall not be concerned to inquire— 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.
whether any directions have been given to the Agency under this Act or whether any directions so given have been complied with; or
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,
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— 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 Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it is duly stamped.
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.
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—
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
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.
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.
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.
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.
Regulations under paragraph 3 above—
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.
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.
For the purposes of— the 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.
the Redundancy Payments Act 1965 ;
the Contracts of Employment Act 1972; and
the Trade Union and Labour Relations Act 1974,
In section 10(1) of the Local Employment Act 1972 the words “and the Welsh Industrial Estates Corporation” and the words “and Wales respectively” are repealed.
Section 18.
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such sums, without prejudice to section 12(14) above, in respect of administrative expenses relating to any of their functions, and
such other sums in respect of the exercise of their functions, other than those to which the public devidend capital relates,
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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.
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Section 21A.
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. Notwithstanding section 2 of the 1981 Act—
Where a compulsory purchase order is prepared in draft by the Assembly under section 21A(1)(b) or (2)(b) above—
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Where a compulsory purchase order is made by the Assemblyunder section 21A(1)(c) or (2)(c) above — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
For the purposes of paragraphs 1A and 3 above, each of the following is a relevant local authority —
the council of any county, county borough or district in whose area the land, or any part of the land, is situated;
any joint planning board in whose district the land, or any part of the land, is situated; ...
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 ; and
any corporate joint committee in whose area the land, or any part of the land, is situated.
Where the Welsh Ministers prepare a compulsory purchase order in draft under section 21A(1)(b) or (2)(b), they may include in the draft order a direction that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored); and if they do so the following provisions of this paragraph apply. The Welsh Ministers must prepare a statement of commitments together with the draft order. A “statement of commitments” is a statement of the Welsh Ministers’ intentions as to what will be done with the project land should the acquisition proceed, so far as they rely on those intentions in contending that the direction is justified in the public interest. Those intentions must include the provision of a certain number of units of affordable housing. The statement under paragraph 3(1)(a) of Schedule 1 to the 1981 Act must include a statement of the effect of the direction; and paragraphs (ba) and (bb) of the same sub-paragraph apply in respect of the statement of commitments as they apply in respect of the draft order. The Welsh Ministers may amend the statement of commitments before the compulsory purchase order is made. But they may do so— If the Welsh Ministers decide to make the compulsory purchase order in accordance with the applicable provisions of Schedule 1 to the 1981 Act— If the order is made with the direction included, a making notice under paragraph 6 of Schedule 1 to the 1981 Act must (in addition to the matters set out in sub-paragraph (4) of that paragraph)— In this paragraph— A statutory instrument containing regulations under sub-paragraph (10) is subject to annulment in pursuance of a resolution of—
The provisions of Part I of the Compulsory 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 Interpretation Act 1978.
On the completion by the Assembly of a compulsory acquisition of land under section 21A above, all— shall be extinguished and any such apparatus shall vest in the Assembly. 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. Sub-paragraph (1) above has effect in relation to any right or apparatus not falling within sub-paragraph (2) above subject— Any person who suffers loss by the extinguishment of a right or the vesting of any apparatus under this paragraph shall be entitled to compensation from the Assembly. Any compensation payable under this paragraph shall be determined in accordance with the Land Compensation Act 1961.
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Any consecrated land (whether or not including a building) which has been acquired by the Assembly 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. Sub-paragraph (1) above does not apply to land which consists or forms part of a burial ground. Any use of consecrated land authorised by sub-paragraph (1) above, and the use of any land (not being consecrated land) which was— shall be subject to compliance with the requirements of regulations made ... 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. Regulations for the purposes of this paragraph are to be made by— 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. Any regulations made for the purposes of this paragraph— 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— 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. Provision shall be made by any regulations made for the purposes of this paragraph— 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 Burial 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. 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. In this paragraph—
Any land which— 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. 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.
In construing the Compulsory Purchase Act 1965 in relation to section 21A above—
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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.
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. 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.
This paragraph applies where any land has been acquired by the Assembly under section 21A above and— The Assembly, 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— 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 Assembly— Where no counter-notice is served under sub-paragraph (3) above— 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— If a counter-notice is served under sub-paragraph (3) above in relation to rights over, or apparatus on, land in England, the Assembly may either— Where by virtue of this paragraph— those undertakers shall be entitled to compensation from the Assembly. Sections 280 and 282 of the Town 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.
Before making an order under sub-paragraph (4A) or (5) of paragraph 11 above, the appropriate Minister and the Assembly, or the Ministers proposing to make the order, as the case may be proposing to make the order— The appropriate Minister and the Assembly, or the Ministers proposing to make the order, as the case may be, may then, if they think fit, make the order in accordance with the application either with or without modification. Where an order is made under paragraph 11(4A) or 11(5) above—
This paragraph applies where any land has been acquired by the Assembly under section 21A above and— The undertakers may serve on the Assembly a notice claiming the right to enter on the land and carry out such works for the removal or re-siting of the apparatus or any part of it as may be specified in the notice. 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. Where a notice is served under sub-paragraph (2) above, the Assembly 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— 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. If a counter-notice is served under sub-paragraph (4) above, the statutory undertakers who served the notice under this paragraph may either— Where, by virtue of this paragraph or an order made under it by the Assembly and the appropriate Minister, or by the Ministers, as the case may be, statutory undertakers have the right to execute works for the removal or re-siting of apparatus, they may arrange with the Assembly for the works to be carried out by the Assembly, under the superintendence of the undertakers, instead of by the undertakers themselves. 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 an order made under it by the Assembly and the appropriate Minister, or by the Ministers, as the case may be, the undertakers shall be entitled to compensation from the Assembly. 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. Sections 280 and 282 of the Town 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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Any person duly authorised in writing by the Assembly may at any reasonable time enter any land for the purpose of surveying it in order to enable the Assembly to determine whether to make an application for planning permission for the carrying out of development of that land. Any power conferred by this paragraph to survey land includes power to search and bore for the purpose of ascertaining—
A person authorised under paragraph 14 above to enter any land— 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. Where any land is damaged in the exercise of a power of entry conferred by paragraph 14 above, compensation in respect of the damage may be recovered by any person interested in the land from the Assembly.... Except in so far as may be otherwise provided by regulations made by the Assembly under this sub-paragraph, any question of disputed compensation under sub-paragraph (3) above shall be referred to and determined by the Upper Tribunal; and the provisions of section 4 of the Land 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. Where under paragraph 14 above a person proposes to carry out any works authorised by sub-paragraph (3) of that paragraph— A person who enters land in the exercise of a power of entry conferred by paragraph 14 above— 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. A person guilty of an offence under sub-paragraph (7) above is liable—
If the Assembly, in relation to a house in Wales, or the Secretary of State in relation to a house in England, certifies that possession of a house which— is immediately required for those purposes, nothing in the Rent (Agriculture) Act 1976, the Rent Act 1977 or the Housing Act 1988 shall prevent the Assembly from obtaining possession of the house.
has been acquired by the Assembly under section 21A above; and
is for the time being held by the Assembly for the purposes for which it was acquired,
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Where, with a view to performing any function of the Assemblyunder this Act relating to land, the Assembly considers that it ought to have information connected with that or any other land, the Assembly may serve on one or more of— a notice specifying the land and the function and the provision which confers the function. The notice shall require the recipient to furnish to the Assembly, 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 person who— shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
The council of every county and county borough in Wales, every joint planning board for a district in Wales , every National Park authority for a National Park in Wales and every corporate joint committee shall supply the Assembly— If a local planning authority in Wales receives an application for planning permission, the authority shall as soon as practicable after receipt send a copy of the application to the Assembly. On any grant of planning permission relating to land in Wales, the local planning authority, ... shall, as soon as is practicable, send a copy of the notification of the planning permission to the Assembly. Sub-paragraphs (2) and (3) above shall not apply if and so far as the Assembly directs.
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. 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.
Section 250 of the Local Government Act 1972 (costs of inquiries and expenses of witnesses) shall extend to any public local inquiry held under part 2 of the Acquisition of Land Act 1981, by virtue of paragraph 1 above, as if the Assembly were a local authority.
A private interest in land may be acquired compulsorily under section 21A above even though the land is Crown land if the appropriate authority is the Assembly or, otherwise, if consent is given in writing by the appropriate authority. In this paragraph—
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— he, as well as the body corporate, shall be guilty of that offence and liable to be proceeded against accordingly. 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.