Statement by the Delegation of Ukraine on the Russia’s ongoing aggression against Ukraine and illegal occupation of Crimea
There shall be a body to be called the National Enterprise Board (in this Act referred to as " the Board") having the functions specified in the following provisions of this Act.
The Board shall consist of a chairman and not less than eight nor more than sixteen other members.
The chairman and other members of the Board shall be appointed by the Secretary of State.
The Secretary of State may appoint one or more of the Board's members to be deputy chairman or deputy chairmen.
The Board, with the approval of the Secretary of State, may appoint a chief executive of the Board.
It is hereby declared that the Board 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 Board's property is not to be regarded as the property of, or property held on behalf of, the Crown.
The Board shall not be exempt, except as provided by paragraph 18 of Schedule 1 below, from any tax, duty, rate, levy or other charge whatsoever, whether general or local.
The Secretary of State shall maintain a register of members' financial interests and shall ensure that all members of the Board enter statements of such of their financial interests as, were they Members of the House of Commons, they would be required to register in accordance with resolutions of that House, any such resolution being construed, in its application to members of the Board, with appropriate modifications.
Schedules 1 and 2 to this Act shall have effect.
The purposes for which the Board may exercise their functions are—
the development or assistance of the economy of the United Kingdom or any part of the United Kingdom;
the promotion in any part of the United Kingdom of industrial efficiency and international competitiveness; and
the provision, maintenance or safeguarding of productive employment in any part of the United Kingdom.
The functions of the Board shall be—
establishing, maintaining or developing, or promoting or assisting the establishment, maintenance or development of any industrial undertaking ;
promoting or assisting the reorganisation or development of an industry or any undertaking in an industry ;
extending public ownership into profitable areas of manufacturing industry;
promoting industrial democracy in undertakings which the Board control; and
taking over publicly owned securities and other publicly owned property, and holding and managing securities and property which are taken over.
The Board may do anything, whether in the United Kingdom or elsewhere, which is calculated to facilitate the discharge of the functions specified in subsection (2) above or is incidental or conducive to their discharge.
In particular, but not so as to derogate from the generality of subsection (3) above, the Board shall have power—
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 acquire and dispose of land, premises, plant, machinery and equipment and other property ;
to make land, premises, plant, machinery and equipment and other property available for use by other persons; and
to provide services in relation to finance, management, administration or organisation of industry.
For the avoidance of doubt it is hereby declared that the foregoing provisions of this section relate only to the capacity of the Board as a statutory corporation, and nothing in the said provisions shall be construed as authorising the disregard by the Board of any enactment or rule of law.
In any case where it appears to the Secretary of State that the powers conferred on him by section 7 or 8 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 Board to exercise them; and the Board 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 Board's duty to give effect to any such direction.
The Secretary of State shall consult the Board before giving any such direction.
A direction may specify—
the purpose for which and manner in which the Board 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.
Nothing in a subsequent direction shall relieve the Board 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 Board are to give in pursuance of the direction ;
how and to whom they are to give it; and
where it is to be given under section 7 of the Industry Act 1972, the assisted area in which the undertaking for which it is provided is or will be situated.
The Board'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 Board are exercising the Secretary of State's powers in pursuance of a direction under this section, sections 7(4) and 8(3)(a) of the Industry Act 1972 (each of 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 Board) to obtain the consent.
If the Board 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 (he 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 Board to repay the loan when the debtor repays them the loan which they made him.
If the Board 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.
Any reference in subsection (6) or (8) of section 8 of the Industry Act 1972 to sums paid or liabilities assumed by the : Secretary of State under that section shall include a reference to sums paid or liabilities assumed by the Board in exercising, by virtue of this section, the powers conferred on the Secretary of State by that section.
The sums to be deducted from the aggregate of the amounts mentioned in paragraphs (a) and (b) of section 8(6) of the Industry Act 1972 shall include, in any case where by virtue of this section the Board exercise the powers conferred on the Secretary of State by that section, any sum received by the Secretary of State from the Board by way of repayment of loans to them under subsection (11) above, or repayment of principal sums paid to meet a liability towards the Board assumed by the Secretary of State under subsection (13) above.
The Secretary of State may pay any administrative expenses of the Board under this section.
It is hereby declared that nothing in this section affects— or confers or imposes any corresponding power or duty on the Board.
the power conferred on the Secretary of State by subsection (7) of section 8 of the Industry Act 1972 (power to increase the limit on financial assistance under that section), or
the duty imposed on him by subsection (8) of that section (duty to obtain a resolution of the House of Commons for assistance in excess of £5 million),
For the avoidance of doubt it is hereby declared, without prejudice to the generality of section 1(6) above, that powers exercised by the Board under this section are not exercised on behalf of the Crown or of any Government department.
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 Board or the Board'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 Board or the Board'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.
Subject to subsections (5) and (6) below, if—
the Secretary of State has given a consent under subsection (2) above ; and
the consideration for the transfer has been determined; and
its amount exceeds £1 million,
he may by order (in this Part of this Act referred to as a “prohibition order”) specify the undertaking and— and may make such incidental or supplementary provision in the order as appears to him to be necessary or expedient.
the conditions specified in paragraphs (a) and (b) of subsection (1) above are satisfied, or
the securities or other property to be transferred ;
a prohibition order has been made in relation to an important manufacturing undertaking, or
the transferor;
the Secretary of State has learnt of circumstances which appear to him to constitute a change of control of an important manufacturing undertaking, occurring on or after 1st February 1975, and is satisfied that that change is contrary to the interests of the United Kingdom, or contrary to the interests of any substantial part of the United Kingdom,
the consideration ; and
the date of his consent.
If the Secretary of State has given a consent under subsection (2) above before the amount of the consideration for the transfer has been determined, he shall lay before each House of Parliament, unless it appears to him to be unlikely that the amount of the consideration will exceed £1 million, a statement specifying the matters, other than the consideration, that are required to be specified in a statement under subsection (4) above.
When a statement has been laid under subsection (5) above, the Secretary of State shall lay before each House of Parliament a statement specifying the consideration for the transfer as soon as practicable after its amount has been determined.
It shall be the duty of the Secretary of State to determine the financial duties of the Board; and different determinations may be made in relation to different assets and activities of the Board.
The Secretary of State shall not make a determination except with the approval of the Treasury and after consultation with the Board, and shall give the Board notice of every determination.
It shall be the duty of the Secretary of State and the Treasury, before making a determination, to satisfy themselves that the duties to be imposed on the Board are likely, taken together, to result in an adequate return on capital employed by the Board.
A determination—
may relate to a period beginning before the date on which it is made; and
may contain incidental or supplemental provisions.
Subject to subsection (2) below, the Secretary of State may give the Board directions of a general or specific character as to the exercise of their functions; and it shall be the duty of the Board to give effect to any such directions.
The Secretary of State shall consult the Board about any proposed direction under this section.
Subject to paragraph 8(4) of Schedule 2 below, when the Secretary of State gives a direction under this section, he shall either—
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.
The Board's report for any accounting year shall set out any direction given under this section during that year.
The aggregate amount outstanding, otherwise than by way of interest, in respect of— shall not exceed the limit specified in subsection (2) below.
the general external borrowing of the Board and their wholly owned subsidiaries;
sums issued by the Treasury in fulfilment of guarantees under paragraph 4 of Schedule 2 below and riot repaid to the Treasury;
sums paid to the Board under paragraph 5(1) of that Schedule;
loans guaranteed by the Board otherwise than under section 3 above;
The said limit shall be £700 million, but the Secretary of State may by order made with the consent of the Treasury raise the limit to not more than £1,000 million.
Such an order shall not be made unless a draft of it has been approved by resolution of the House of Commons.
In subsection (1) above "general external borrowing" means— but does not include any debt assumed by the Board under paragraph 6(1) of Schedule 2 below.
in relation to the Board, sums borrowed by them other than—
sums borrowed from a body corporate which is one of the Board's wholly owned subsidiaries at the time of the loan ;
any sums mentioned in subsection (1)(b) above; or
sums borrowed by the Board for the purpose of giving assistance under section 3 above ; and
in relation to a wholly owned subsidiary of the Board, sums borrowed by it when it was such a subsidiary other than sums borrowed from the Board or from another wholly owned subsidiary ;
Subject to subsection (2) below, neither the Board nor any of the Board'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 Board or any of the Board's subsidiaries.
Subject to subsection (4) below, neither the Board nor any of the Board'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,
and in paragraph (c) above “the relevant period” means—
in relation to capital or assets, the period commencing with the date on which the capital or assets vest in . . . the Secretary of State or their or his nominees and ending with the date of payment of compensation; and
that a company is carrying on in the United Kingdom an undertaking wholly or mainly engaged in manufacturing industry;
a business such as is mentioned in paragraph (a) of subsection (1) above, or
in relation to rights, liabilities and incumbrances, the period commencing with the date on which they are extinguished and ending on the date of payment.
that a group of companies is carrying on in the United Kingdom an undertaking wholly or mainly engaged in manufacturing industry,
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 3 above.
Subject to subsections (7) and (8) below, if the Board or any of the Board'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 Board or any of the Board'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 Board or a subsidiary of the Board 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 Board or any of the Board'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 Board and of any of the Board'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.
Neither the Board 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 Board 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 £10,000,000.
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 Board by section 2(4)(b) above.
In any case where the Board 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.
The powers conferred by this Part of this Act shall have effect in relation to changes of control of important manufacturing undertakings.
In this Part of this Act— “important manufacturing undertaking” means an undertaking which, in so far as it is carried on in the United Kingdom, is wholly or mainly engaged in manufacturing industry and appears to the Secretary of State to be of special importance to the United Kingdom or to any substantial part of the United Kingdom.
There is a change of control of an important manufacturing undertaking for the purposes of this Part of this Act only upon the happening of a relevant event.
In subsection (1) above “relevant event” means any event as a result of which—
the person carrying on the whole or part of the undertaking ceases to be resident in the United Kingdom;
a person not resident in the United Kingdom acquires the whole or part of the undertaking;
a body corporate resident in the United Kingdom but controlled by a person not so resident acquires the whole or part of the undertaking;
a person not resident in the United Kingdom becomes able to exercise or control the exercise of the first, second or third qualifying percentage of votes in a body corporate carrying on the whole or part of the undertaking or in any other body corporate which is in control of such a body; or
a person resident in the United Kingdom and able to exercise or control the exercise of the first, second or third qualifying percentage of votes in a body corporate carrying on the whole or part of the undertaking or in any other body corporate which is in control of such a body ceases to be resident in the United Kingdom.
For the purposes of subsection (2) above—
a body corporate or individual entitled to cast 30 per cent. or more of the votes that may be cast at any general meeting of a body corporate is in control of that body; and
control of a body corporate which has control of another body corporate gives control of the latter body.
Any power to direct the holder of shares or stock in a body corporate as to the exercise of his votes at a general meeting of that body corporate is to be treated as entitlement to cast the votes in respect of the shares or stock in question.
Two or more persons acting together in concert may be treated as a single person for the purposes of any provision of this Part of this Act relating to change of control.
For the purposes of this Part of this Act— and the references to votes in this subsection are references to votes that may be cast at a general meeting.
the first qualifying percentage of votes is 30 per cent.;
the second qualifying percentage is 40 per cent.; and
the third qualifying percentage is 50 per cent.;
or and may in particular, but without prejudice to the generality of this subsection, prohibit or set aside the transfer of any such capital or assets or any right in respect of such capital or assets.
" representative " means an official or other person who is authorised by a relevant trade union to carry on negotiations about one or more of the matters specified in section 29(1) of the Trade Union and Labour Relations Act 1974.
that there is a serious and immediate probability of a change of control of an important manufacturing undertaking; and
" relevant trade union " means an independent trade union, as defined in section 30(1) of the Trade Union and Labour Relations Act 1974, which the company or companies concerned recognise for the purpose of negotiations about one or more of the matters specified in section 29(1) of that Act in relation to persons employed in the relevant undertaking, or as to which the Advisory Conciliation and Arbitration Service has made a recommendation for such recognition under the Employment Protection Act 1975 which is operative within the meaning of section 15 of that Act; and
that that change of control would be contrary to the interests of the United Kingdom, or contrary to the interests of any substantial part of the United Kingdom,
and for the purposes of this Schedule, " the relevant panel of lawyers " means—
the panel mentioned in paragraph 1(d) above, if the Minister constituting the committee considers, having regard to any representations made by the company or companies concerned or by the authorised representative of a relevant trade union, that this is appropriate, and
ceases to be a representative of the relevant trade union of which he is the authorised representative, or
in any other case, the panel mentioned in paragraph 1(c) above.
gives the company or companies concerned notice that he desires to be discharged from acting as authorised representative of that union, or
ceases for any other reason to be available to act as that union's authorised representative,
If it appears to the Secretary of State—
he may by order (in this Part of this Act referred to as a " prohibition order ") specify the undertaking and— and may make such incidental or supplementary provision in the order as appears to him to be necessary or expedient.
prohibit that change of control; and
prohibit or restrict the doing of things which in his opinion would constitute or lead to it;
A compensation order—
share capital and loan capital to which this subsection applies, or
any assets which are employed in the undertaking,
A vesting order may only be made if the Secretary of State is satisfied that the order is necessary in the national interest and that, having regard to all the circumstances, that interest cannot, or cannot appropriately, be protected in any other way.
The share capital and loan capital to which subsection (2) above applies are—
in any case where the Secretary of State considers that the interests mentioned in subsection (2)(c) above cannot, or cannot appropriately, be protected unless all the share capital of any relevant body corporate vests by virtue of the order, the share capital of that body corporate, together with so much (if any) of the loan capital of that body as may be specified in the order,
in any other case, that part of the share capital of any relevant body corporate which, at the time that the draft of the order is laid before Parliament under section 15(3) below, appears to the Secretary of State to be involved in the change of control.
In this section “relevant body corporate” means—
a body corporate incorporated in the United Kingdom carrying on in the United Kingdom as the whole or the major part of its business there the whole or part of an important manufacturing undertaking, or
a body corporate incorporated in the United Kingdom—
which is the holding company of a group of companies carrying on in the United Kingdom as the whole or the major part of their business there the whole or part of an important manufacturing undertaking, and
as to which one of the conditions specified in subsection (6) below is satisfied.
The conditions mentioned in subsection (5) above are—
that it appears to the Secretary of State that there is a serious and immediate probability of the happening of an event in relation to the company which would constitute a change of control of the undertaking, or
that the Secretary of State has learnt of circumstances relating to the company which appear to him to constitute a change of control of the undertaking on or after 1st February 1975.
In sections (1)(b) and (2)(c) “interests” means interests which relate to public policy, public security or public health.
In subsection (3) “the national interest” means the national interest in relation to public policy, public security or public health.
Where 30 per cent. or more of the share capital of the body corporate vests in the Secretary of State . . .by virtue of a vesting order, the Secretary of State shall serve on the holders of all the share capital that does not so vest, and on any other persons who to his knowledge have a present or prospective right to subscribe for share capital of the body corporate, within 28 days of the making of the order, a notice informing them of the making of the order and of the right of each of them to require the order to extend to the share capital or rights held by him.
The recipient of a notice under subsection (1) above may, within three months of the date of the notice, serve on the Secretary of State a counter-notice requiring the order to extend to the share capital or rights held by the recipient in the body corporate.
A vesting order shall have effect, from the date of a counter-notice, as if the share capital or rights specified in the notice had been specified in the vesting order.
Subsections (1) to (3) above shall have the same effect in relation to share capital vesting in nominees for the Secretary of State . . . as in relation to share capital vesting as mentioned in those subsections.
A prohibition order shall be laid before Parliament after being made, and the order shall cease to have effect at the end of the period of 28 days beginning on the day on which it was made (but without prejudice to anything previously done by virtue of the order or to the making of a new order) unless during that period it is approved by resolution of each House of Parliament.
In reckoning the period mentioned in subsection (1) above no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.
A vesting order shall not be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.
A draft of a vesting order shall not be laid before Parliament—
in a case such as is mentioned in paragraph (a) of section 13(2) above, after the end of a period of three months from the service of a notice under section 16(7) below of the Secretary of State’s intention to lay the draft before Parliament;
in a case such as is mentioned in paragraph (b) of that subsection, after the end of a period of three months from the making of the prohibition order, unless such circumstances as are mentioned in paragraph (a) or (c) of that subsection exist at the time when the draft of the order is laid before Parliament under subsection (3) above, and
in a case such as is mentioned in paragraph (c) of that subsection, after the end of a period of three months from the date on which the Secretary of State learnt of circumstances such as are mentioned in that paragraph.
On the expiry of 28 days from the laying of the draft of a vesting order in a House of Parliament the order shall proceed in that House, whether or not it has been referred to a Committee under Standing Orders of that House relating to Private Bills, as if its provisions would require to be enacted by a Public Bill which cannot be referred to such a Committee.
In reckoning, for purposes of proceedings in either House of Parliament, the period mentioned in subsection (5) above, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which that House is adjourned for more than four days.
Without prejudice to the generality of section 13(2) above, a vesting order may contain provisions by virtue of which rights, liabilities or incumbrances to which assets or capital which will vest by virtue of the order are subject—
will be extinguished in consideration of the payment of compensation as provided under section 19 below, or
will be transferred to the Secretary of State . . ., or
will be charged on the compensation under section 19 below.
A vesting order which provides for the vesting of assets employed in an undertaking may prohibit or set aside any transfer of assets so employed or of any right in respect of such assets.
A vesting order may include such provisions as the Secretary of State considers necessary or expedient to safeguard—
any capital which will vest by virtue of the order; and
of a body corporate whose capital will so vest
of any subsidiary of such a body corporate;
A vesting order setting aside a transfer of capital or a transfer of assets such as are mentioned in subsection (2) above shall entitle the Secretary of State . . .to recover the capital or assets transferred.
A vesting order setting aside a transfer of assets such as are mentioned in subsection (3)(b) above shall entitle the body corporate or subsidiary to recover the assets transferred.
Any vesting order setting aside a transfer shall give the person entitled to recover the capital or assets a right to be compensated in respect of the transfer.
The transfers to which this section applies include transfers made before the draft of the order is laid before Parliament but after the Secretary of State has served notice on the person concerned of his intention to lay a draft order.
In subsection (7) above “the person concerned” means—
in the case of an order such as is mentioned in paragraph (i) of section 13(2) above, the relevant body corporate, and
in the case of an order such as is mentioned in paragraph (ii) of that subsection, the person carrying on the undertaking.
The Secretary of State shall publish a copy of any such notice in the London Gazette, the Edinburgh Gazette and the Belfast Gazette as soon as practicable after he has served it.
No criminal proceedings shall lie against any person on the ground that he has committed, or aided, abetted, counselled or procured the commission of, or conspired or attempted to commit, or incited others to commit, any contravention of a prohibition order.
Nothing in subsection (1) above shall limit any right of any person to bring civil proceedings in respect of any contravention or apprehended contravention of a prohibition order, and (without prejudice to the generality of the preceding words) compliance with any such order shall be enforceable by civil proceedings by the Crown for an injunction or interdict or for any other appropriate relief.
Nothing in a prohibition order shall have effect so as to apply to any person in relation to his conduct outside the United Kingdom unless he is— but in a case falling within paragraph (a), (b) or (c) above, any such order may extend to acts or omissions outside the United Kingdom.
a citizen of the United Kingdom and Colonies or,
a body corporate incorporated in the United Kingdom or,
a person carrying on business in the United Kingdom either alone or in partnership with one or more other persons,
For the purposes of this Part of this Act a body corporate shall be deemed not to be resident in the United Kingdom if it is not incorporated in the United Kingdom.
No vesting order shall be made until there has also been laid before both Houses of Parliament an order (in this Part of this Act referred to as a “compensation order”) providing for the payment of compensation for the acquisition of the capital or assets and for any extinguishment or transfer of rights, liabilities or encumbrances in question.
A compensation order shall be subject to special parliamentary procedure.
shall identify the persons or descriptions of persons to be paid compensation and determine their rights and duties in relation to any compensation paid to them;
shall specify the manner in which compensation is to be paid;
shall provide for the payment of interest on compensation in respect of the relevant period;
may make different provision in relation to different descriptions of capital or assets and different rights, liabilities or incumbrances; and
may contain incidental and supplementary provisions;
in relation to capital or assets, the period commencing with the date on which the capital or assets vest in the Board or the Secretary of State or their or his nominees and ending with the date of payment of compensation ; and
in relation to rights, liabilities and incumbrances, the period commencing with the date on which they are extinguished and ending on the date of payment.
Compensation may be paid— and the power conferred by subsection (3)(b) above is a power to provide for compensation by one or both of the means specified in this subsection.
out of moneys provided by Parliament, or
by the issue of government stock (that is to say, stock the principal whereof and the interest whereon is charged on the National Loans Fund with recourse to the Consolidated Fund),
The proviso to section 6(2) of the Statutory Orders (Special Procedure) Act 1945 (power to withdraw an order or submit it to Parliament for further consideration by means of a Bill for its confirmation) shall have effect in relation to compensation orders as if for the words “may by notice given in the prescribed manner, withdraw the order or may” there were substituted the word “shall”.
Any dispute to which this section applies shall be determined under Schedule 3 to this Act.
Where any such dispute has been submitted to a tribunal constituted under that Schedule, any other dispute to which this section applies shall be determined by the same tribunal.
This section applies to a dispute which arises out of a vesting order or a compensation order and to which one of the parties is the Secretary of State . . .or a body corporate the whole or part of whose share capital has vested by virtue of the order in either of them or in nominees for either of them— and where this section applies to a dispute which arises out of an order, it also applies to any dispute which arises out of a related order.
if the provisions of the order require it to be submitted to arbitration; or
if one of the parties wishes it to be so submitted;
A vesting order and a compensation order are related for the purposes of this section if they relate to the same capital or assets.
When a body corporate has made a planning agreement— without regard to any order under that Act or the Local Employment Act 1972 made after the date of the planning agreement by virtue of which, as the case may be, the grant or part of it could for any reason not have been paid or the financial assistance or part of it could not have been given.
the amount of grant under Part I of the Industry Act 1972 (regional development grant) in respect of approved capital expenditure incurred during the period mentioned in subsection (2) below in respect of any project identified in the agreement may be not less than—
the percentage which is the prescribed percentage at the date of the planning agreement, or
in the case of a project which was also identified in a previous planning agreement, the percentage which was the prescribed percentage at the date of that agreement, and
financial assistance in respect of any such project may be given under Part II of that Act,
In this Act " planning agreement" means a voluntary arrangement as to the strategic plans of a body corporate for the future development in the United Kingdom over a specified period of an undertaking of the body corporate or of one or more of that body's subsidiaries, or a joint undertaking of the body corporate and one or more of its subsidiaries, being an arrangement entered into by the body corporate and any Minister of the Crown which in the opinion of that Minister is likely over the specified period to contribute significantly to national needs and objectives.
When a body corporate makes a planning agreement, the Secretary of State shall lay a statement that the body corporate has made such an agreement before each House of Parliament.
In subsection (3) of section 10 of the Industry Act 1972 (construction credits for ships and offshore installations) for “£1,400 million” there shall be substituted “£1,800 million”.
In subsections (2) and (6) of that section, after the words “subsection (1)” there shall be inserted the words “or (7A)”.
After subsection (7) there shall be inserted the following subsections:—
At the end of subsection (9) there shall be added the words “and ’holding company’ and subsidiary have the meanings assigned to them for the purposes of the Companies Act 1948 by section 154 of that Act, or for the purposes of the Companies Act (Northern Ireland) 1960 by section 148 of that Act.”.
After the said section 10 there shall be inserted the following section:—
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" industrial or intellectual property " includes, without prejudice to its generality, patents, designs, trade marks, know-how and copyrights, and
that the undertaking makes a significant contribution to a sector of such industry important to the economy of the United Kingdom or to that of any substantial part of the United Kingdom, and
that it is desirable, for the purpose of obtaining information of that description, that the company or companies concerned should provide the Government and a representative of each relevant trade union with any such information relating to the undertaking,
In this Part of this Act—
" authorised representative " means a representative of a relevant trade union to whom the company or companies concerned give—
where it appears to the Minister that the condition specified in subsection (1)(b) above is satisfied— the group's holding company, if that company is registered in the United Kingdom, and all the companies in the group, if the holding company is not registered in the United Kingdom;
When a Minister serves a preliminary notice, he shall lay before each House of Parliament a statement that he has served it, specifying the company or companies concerned, the relevant undertaking and the date on which the notice was served.
Subject to subsections (5) to (7) below, when a Minister has served a preliminary notice, he may by order declare that this Part of this Act applies to the company or companies concerned in respect of the relevant undertaking.
A Minister shall not make an order under this section before the end of a period of 3 months from the service of the preliminary notice.
A Minister shall not make such an order unless it appears to him that the company or companies concerned will not voluntarily furnish the information to him and to a representative of each relevant trade union.
Before making an order a Minister shall give the company or companies concerned and the authorised representative of each relevant trade union an opportunity to make representations to him concerning it.
An order shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The question what is a sector of an industry shall be determined by the Minister serving the preliminary notice.
In this Part of this Act—
it shall be the duty of the company or companies concerned—
to give another representative of the relevant trade union notice that he is to be the authorised representative of that union, and
to give the Minister a notice requesting him to insert the name of the new representative in the list of authorised representatives in place of that of the old representative.
A Minister who has made an order under section 28 above may by notice require the company or companies concerned to furnish him, in such manner and within such reasonable time as may be specified in the notice, and in such form as may be so specified, with such information as may be so specified relating to the business in the United Kingdom of the relevant undertaking, but not as to any matter except those specified in subsection (2) below.
The matters mentioned in subsection (1) above are—
the persons employed in the undertaking, or persons normally so employed (but not specifically as to individuals);
the undertaking's capital expenditure ;
fixed capital assets used in the undertaking ;
any disposal or intended disposal of such assets ;
any acquisition or intended acquisition of fixed capital assets for use in the undertaking ;
the productive capacity and capacity utilisation of the undertaking;
the undertaking's output and productivity ;
sales of the undertaking's products ;
exports of those products by the undertaking ;
sales of industrial or intellectual property owned or used in connection with the undertaking, grants of rights in respect of such property, and contracts for any such sales or grants ; and
expenditure on any research or development programme.
A notice may require information as to any of those matters— but a requirement which is made, wholly or partly, in relation to a future specified date or a future specified period, is to be construed, to the extent that it relates to that date or that period, as a requirement only to give a forecast.
in relation to a specified date not earlier than the commencement of the most recently completed financial year of the person specified in the notice ;
in relation to a period commencing not earlier than the commencement of that year ;
in relation to a future specified date or a future specified period;
The Minister shall send a copy of a notice under this section to the authorised representative of each relevant trade union.
Nothing in this section shall be construed as enabling a Minister to require information about the details of know-how or of any research or development programme.
In this section—
" know-how " has the meaning assigned to it by section 386(7) of the Income and Corporation Taxes Act 1970.
Subject to subsections (2) to (8) below, after a Minister has received the information specified in a notice under section 30 above the Minister may serve— and any notice served under this subsection shall specify a reasonable period, which shall not be less than 28 days, as the period within which references may be required under section 32(1) below.
a further notice on the company or companies concerned provisionally requiring them to furnish to the authorised representative of each relevant trade union the whole or part of the information furnished to him under section 30 above, and
a notice as to the furnishing of that information on each such representative,
A Minister shall not require information to be furnished if he considers that reasons of national policy or special reasons apply.
For the purposes of this Act reasons of national policy apply if the Minister considers—
that to furnish the information would be undesirable in the national interest; or
that the company or companies concerned could not furnish it without contravening a prohibition imposed by or under an enactment.
For the purposes of this Act special reasons apply if the Minister considers—
that the information was communicated to the company or companies concerned in confidence, or was information which they otherwise obtained in consequence of the confidence reposed in them by another person; or
that the disclosure of the information would cause substantial injury to the undertaking ; or
that its disclosure would cause substantial injury to a substantial number of employees of the undertaking.
A Minister shall not serve a notice under subsection (1) above without giving— an opportunity of making representations to him.
to the company or companies concerned, and
to the authorised representative Of each relevant trade union,
The notice to be given to the company or companies concerned under subsection (1) above is a notice stating what information (if any) the Minister proposes to require them to furnish.
The notice to be given to the authorised representatives under subsection (1) above is a notice stating whether or not the Minister proposes to require the company or companies concerned to furnish all the information furnished to him by them.
If a notice given to authorised representatives under subsection (1) above states that the Minister does not propose to require the company or companies concerned to furnish all the information, it shall give such indication of the nature (without disclosing the substance) of any information which the Minister proposes should not be furnished for special reasons as will enable the representatives to consider whether or not they ought to exercise their right to require a reference under section 32 below.
A Minister who has served a notice under section 31 above may by notice served within the period specified in that notice be required to make a reference to an advisory committee.
Such a reference may be required—
by the company or companies concerned, where the Minister proposes to require them to furnish information under section 31 above and they claim that the Minister's final decision ought to be that it should not be furnished because special reasons apply, or
by the authorised representative of any relevant trade union, where the Minister proposes that some or all of the information furnished to him shall not be furnished to authorised representatives because special reasons apply.
A Minister may himself refer to an advisory committee any proposal that some or all of the information furnished to him shall not be furnished to authorised representatives of relevant trade unions because special reasons apply.
Schedule 6 to this Act shall have effect.
The committee shall give the company or companies concerned and each relevant trade union's authorised representative an opportunity of making representations in relation to the matters to which the reference relates.
The advisory committee shall make a report to the Minister after the close of their consideration of the reference, giving their findings of fact and their recommendations, and after considering any representations made under subsection (5) above.
Where a matter has been referred to the committee, the Minister may make a final decision relating to his proposal only after receiving and considering the committee's report on it.
Subject to subsection (13) below, where there has been a reference, the Minister shall notify— of his final decision ; and a notice under this subsection shall be treated as requiring the information specified in it to be furnished to each such representative within such reasonable time as may be so specified.
the company or companies concerned ;
the authorised representative of each relevant trade union; and
the advisory committee,
The Minister's notice under subsection (8) above to the company or companies concerned and to the authorised representatives shall state whether or not he accepted the committee's advice.
Where there has been no reference to the advisory committee or a reference has been withdrawn, the Minister may notify the company or companies concerned and each relevant trade union's authorised representative that his provisional notice under section 31 above is to be treated as containing his final decision.
A notice under subsection (10) above shall state that the provisional notice is to be treated as requiring the information specified in it to be furnished to the authorised representative of each trade union within such reasonable time as may be specified in the notice under subsection (10) above.
No such notice shall be given before the end of the period specified in the provisional notice.
If— he shall make an order specifying the nature (without disclosing the substance) of the information to be furnished contrary to that advice, and accordingly requiring the company or companies concerned to furnish it to the representative of each relevant trade union within such reasonable time as may be specified in the order.
the Minister's final decision in relation to any information is that it shall be furnished to the representative of each relevant trade union, and
in making that decision he rejected the committee's advice,
An order under subsection (13) above shall be laid before Parliament after being made.
An order under subsection (13) above shall not take effect if before the end of a period of 28 days from the date on which it is laid before Parliament either House resolves that an Address be presented to Her Majesty praying that it be annulled.
If no such resolution is passed by either House, the order shall come into effect at the end of the said period.
If such a resolution is passed by either House, Her Majesty may by Order in Council revoke the Order.
In reckoning the period of 28 days no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.
This section shall apply with appropriate modifications in any case where only part of the information furnished to the Minister falls to be disclosed to representatives of relevant trade unions.
Information to which this section applies shall not be disclosed without the consent of the person furnishing it except—
to a government department for the purposes of the exercise by that department of any of their functions;
for the purposes of a reference under section 32 above, to the advisory committee or to a person whose aid is called in under paragraph 5 of Schedule 6 to this Act;
to the Manpower Services Commission, the Employment Services Agency or the Training Services Agency established under the Employment and Training Act 1973 ; or
for use—
in investigating the possible commission of an offence,
in connection with any criminal proceedings consequent on such an investigation, or
in a report of any such proceedings.
Subject to subsection (3) below, this section applies to information which has been furnished to a Minister under section 30 above but has not been furnished to authorised representatives under section 32 above.
This section does not apply to any information at a time after a person has been convicted of an offence under section 34(1) CM below in relation to it.
The reference to a government department in paragraph (a) of subsection (1) above includes a reference to a Northern Ireland department.
A person who— shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400.
refuses or fails without reasonable cause to comply with a requirement of a preliminary notice under section 28 above;
refuses or fails without reasonable cause to furnish information required under this Part of this Act; or
in furnishing such information makes a statement which he knows to be false in a material particular or recklessly makes a statement which is false in a material particular,
Where a person is convicted of an offence under subsection (1)(b) above, then, if the default in respect of which he was convicted is continued without reasonable cause after the conviction, he shall be guilty of a further offence and liable oh summary conviction to a fine not exceeding £40 for each day on which the default is continued.
A person who contravenes section 33 above shall be guilty of an offence and liable—
on summary conviction, to a fine not exceeding £200 or to imprisonment for a term not exceeding three months, or to both, and
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or to both.
Summary proceedings for an offence under subsection (1)(c) above may be brought within a period of six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge; but no proceedings shall be brought by virtue of this subsection more than three years after the commission of the offence.
For the purposes of subsection (4) above a certificate signed by or on behalf of the prosecutor and stating the date on which evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact; and a certificate stating that matter and purporting to be so signed shall be deemed to be so signed unless the contrary is proved.
Where an offence under this Part of this Act committed by a body corporate or a Scottish firm 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 firm or a person who was purporting to act in any such capacity, he as well as the body corporate or, as the case may be, the firm 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 (6) 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.
Proceedings for an offence under this Part of this Act, other than an offence under subsection (3) above, shall not be instituted—
in England and Wales, except by or with the consent of the Attorney General;
in Northern Ireland except by or with the consent of the Attorney General for Northern Ireland.
Summary proceedings for an offence under this Part of this Act may (without prejudice to any jurisdiction exercisable apart from this subsection) be taken against a body corporate at any place where it has a place of business and against any other person at any place where he is.
Any expenses of the Secretary of State or the Minister of Agriculture, Fisheries and Food incurred in consequence of the provisions of this Act, including any increase attributable to those provisions in sums payable under any other Act, shall be defrayed out of money provided by Parliament.
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 7 of the Interpretation Act 1978 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— . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “enactment” includes an enactment of the Parliament of Northern Ireland or the Northern Ireland Assembly; “holding company” means a holding company as defined by section 1159 of the Companies Act 2006; “industry” includes any description of commercial activity, and any section of an industry, and “industrial” has a corresponding meaning; “manufacturing industry” means, subject to subsection (3) below, activities which are described in any of the minimum list headings in Orders III to XIX (inclusive) of the Standard Industrial Classification; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . “ Standard Industrial Classification ” means the revised edition published by Her Majesty’s Stationery Office in 1968 of the publication of that name prepared by the Central Statistical Office of the Chancellor of the Exchequer ; “subsidiary” means a subsidiary as defined by section 1159 of the Companies Act 2006; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
" Standard Industrial Classification " has the meaning assigned to it by section 6(2) of the Industry Act 1972 ;
any assets—
" subsidiary " means a subsidiary as defined by section 154 of the Companies Act 1948 or section 148 of the Companies Act (Northern Ireland) 1960 ;
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In determining the extent to which an undertaking is engaged in manufacturing industry, the following activities shall be treated as manufacturing industry so far as they relate to products manufactured or to be manufactured by the undertaking— research, transport, distribution, repair and maintenance of machinery. sales and marketing, storage, mining and quarrying, production and distribution of energy and heating, administration, training of staff, packaging.
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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.
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.
Any power to make an order conferred by this Act shall be exercisable by statutory instrument.
Any power to make an order conferred by any provision of this Act shall include power to make an order varying or revoking any order previously made under that provision.
It is hereby declared that any power of giving directions or making determinations conferred on the Secretary of State by any provision of this Act includes power to vary or revoke directions or determinations given or made under that provision.
This Act may be cited as the Industry Act 1975.
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The enactments specified in Schedule 8 to this Act are repealed to the extent mentioned in column 3 of that Schedule.
It is hereby declared that this Act extends to Northern Ireland.
Notwithstanding the provisions— the former Act shall apply to any compensation order which extends to Northern Ireland, . . .
of section 12(3) of the Statutory Orders (Special Procedure) Act 1945, . . .
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This Act shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint.
An order under subsection (6) above may appoint different days for different provisions and for different purposes.
Section 1.
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to satisfy himself, before he appoints a person to be a member of the Board, 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;
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Section 20.
If a party to a dispute such as is mentioned in subsection (1) of section 20 above serves on the other party or parties to the dispute, at a time when no proceedings relating to it have been commenced in any court, a notice that he wishes the dispute to be determined by arbitration, the Secretary of State shall by order establish a tribunal to determine the dispute and any other dispute such as is mentioned in subsection (2) of that section.
An order under paragraph 1 above shall be laid before each House of Parliament.
A tribunal shall be a court of record and shall have an official seal which shall be judicially noticed.
A tribunal shall, as the Lord Chancellor may , after consulting the Lord Chief Justice of England and Wales, the Lord President of the Court of Session and the Lord Chief Justice of Northern Ireland, direct, either sit as a single tribunal or sit in two or more divisions and, subject to paragraph 5 below, shall, for the hearing of any proceedings, consist of— The Lord Chief Justice of England and Wales may nominate a judicial office holder (as defined in section 109(4) of the Constitutional Reform Act 2005) to exercise his functions under this paragraph. The Lord President of the Court of Session may nominate a judge of the Court of Session who is a member of the First or Second Division of the Inner House of that Court to exercise his functions under this paragraph. The Lord Chief Justice of Northern Ireland may nominate any of the following to exercise his functions under this paragraph—
a president who shall be
a person who satisfies the judicial-appointment eligibility condition on a 5-year basis; or
a member of the Bar of Northern Ireland or solicitor of the Court of Judicature of Northern of at least 5 years’ standing, appointed by the Lord Chancellor, and
two other members appointed by the Secretary of State, one being a person of experience in business and the other being a person of experience in finance.
In its application to proceedings which, by virtue of paragraph 18 below, are to be treated as Scottish proceedings,paragraph 4(1) above shall have effect with the substitution, for sub-paragraph (a) thereof, of the following sub-paragraph:— “(a) a president who shall be an advocate or solicitor who has practised in Scotland and who shall be appointed by the Lord President of the Court of Session”.
Subject, in the case of the president of a tribunal, to sub-paragraph (2) belowThe members of a tribunal shall hold office for such period as may be determined at the time of their respective appointments and shall be eligible for reappointment but, notwithstanding that the period for which a member was appointed has not expired,— No appointment of a person to be the president of a tribunal shall be such as to extend beyond the day on which he attains the age of 75.
a member may, at any time by not less than one month's notice in writing to his appointor, resign his office ;
the appointor of a member may declare the office of that member vacant on the ground that he is unfit to continue in his office ; and
if any member becomes bankrupt or makes a composition with creditors or, in Scotland, if sequestration of a member's estate is awarded or a member makes a trust deed for behoof of his creditors or a composition contract, his office shall thereupon become vacant.
If any member of a tribunal becomes, by reason of illness or other infirmity, temporarily incapable of performing the duties of his office, his appointor shall appoint some other fit person to discharge his duties for any period not exceeding 6 months at any one time, and the person so appointed shall during that period have the same powers as the person in whose place he was appointed.
In this Part of this Schedule, “appointor”, in relation to a member of a tribunal means—
in the case of a member appointed under sub-paragraph (a) of paragraph 4(1) above, the Lord Chancellor or, if paragraph 5 above applies, the Lord President of the Court of Session; and
in the case of any other member, the Secretary of State.
Where the appointor is, by virtue of paragraph 8(a), the Lord Chancellor, the power conferred by paragraph 6(1)(b) may be exercised only with the concurrence of the appropriate senior judge.
In Part II of Schedule 1 to the House of Commons Disqualification Act 1975 and in Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies of which all members are disqualified), there shall be inserted at the appropriate place in alphabetical order:— “An Arbitration Tribunal established under Schedule 3 to the Industry Act 1975”.
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The appropriate senior judge is the Lord Chief Justice of England and Wales, unless the member to be removed exercises functions wholly or mainly in Northern Ireland, in which case it is the Lord Chief Justice of Northern Ireland.
A tribunal may appoint such officers as they consider necessary for assisting them in the proper execution of their duties.
There shall be paid to members of a tribunal such remuneration (whether by way of salaries or fees) and such allowances as the Secretary of State may, with the approval of the Treasury, determine. There shall be paid to any officer appointed under paragraph 11 above and any person to whom proceedings are referred by the tribunal under paragraph 27 below for inquiry and report such remuneration (whether by way of salary or fees) and such allowances as the tribunal may, with the approval of the Secretary of State given with the consent of the Treasury, determine. The Secretary of State shall pay such remuneration and allowances and any other expenses of a tribunal shall be defrayed by the Secretary of State out of money provided by Parliament.
Paragraphs 14 to 17 below shall have effect with respect to proceedings of a tribunal other than those which, by virtue of paragraph 18 below, are to be treated as Scottish proceedings.
The provisions of Part I of the Arbitration Act 1996 with respect to— shall, with any necessary modifications, apply in respect of such proceedings but, except as provided by this paragraph, the provisions of that Part shall not apply to any such proceedings.
the administration of oaths and the taking of affirmations,
the correction in awards of mistakes and errors,
the summoning, attendance and examination of witnesses and the production of documents, and
the costs of the reference and award,
A tribunal may, and if so ordered by the Court of Appeal shall, state in the form of a special case for determination by the Court of Appeal any question of law which may arise in such proceedings.
An appeal shall lie to the Court of Appeal on any question of law or fact from any determination or order of the tribunal with respect to compensation under section 16(6) above.
Subject to the provisions of this Schedule, the procedure in or in connection with any such proceedings shall be such as may be determined by rules made by the Lord Chancellor by statutory instrument. A statutory instrument containing rules made under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Where a dispute submitted to a tribunal relates to capital of a body corporate whose principal place of business is situated in Scotland, or assets which are situated in Scotland, then, subject to paragraph 20 below, the proceedings before the tribunal in respect of the dispute shall be treated as Scottish proceedings.
If, at any stage in any proceedings before a tribunal which would not otherwise fall to be treated as Scottish proceedings, the tribunal are satisfied that, by reason of the fact that questions of Scottish law arise or for any other reason, the proceedings ought thereafter to be treated as Scottish proceedings, the tribunal may order that they shall thereafter be so treated and the provisions of this Schedule shall have effect accordingly.
If, at any stage in any proceedings before a tribunal which would otherwise be treated as Scottish proceedings, the tribunal are satisfied that, by reason of the fact that questions of English law arise or for any other reason, the proceedings ought not to be treated as Scottish proceedings, they may make an order that the proceedings shall thereafter not be treated as Scottish proceedings and the proceedings of this Schedule shall have effect accordingly.
In Scottish proceedings a tribunal shall have the like powers for securing the attendance of witnesses and the production of documents and with regard to the examination of witnesses on oath and the awarding of expenses as if the tribunal were an arbiter under a submission.
A tribunal may and if so directed by the Court of Session shall state a case for the opinion of that Court on any question of law arising in Scottish proceedings.
An appeal shall lie to the Court of Session on any question of law or fact from any determination or order of the tribunal with respect to compensation under section 16(6) above. An appeal shall lie, with the leave of the Court of Session or of the Supreme Court, from any decision of the Court of Session under this paragraph, and such leave may be given on such terms as to costs or otherwise as the Court of Session or the Supreme Court may determine.
Subject to the provisions of this Schedule, the procedure in or in connection with Scottish proceedings shall be such as may be determined by rules made by the Lord Advocate by statutory instrument. A statutory instrument containing rules made under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Unless the tribunal consider that there are special reasons for not doing so, they shall sit in Scotland for the hearing and determination of any Scottish proceedings.
Every order of a tribunal—
shall be enforceable in England and Wales and Northern Ireland as if it were an order of the High Court; and
may be recorded for execution in the books of Council and Session and may be enforced accordingly.
A tribunal may, at any stage in any proceedings before them, refer to a person or persons appointed by them for the purpose any question arising in the proceedings, other than a question which in their opinion is primarily one of law, for inquiry and report, and the report of any such person or persons may be adopted wholly or partly by the tribunal and, if so adopted, may be incorporated in an order of the tribunal.
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The following provisions of section 7 (selective financial assistance for industry in assisted areas) of the Industry Act 1972 are repealed, namely—
the words in subsection (4) from the beginning to "and" (which restrict the power to give assistance by means of investment by acquisition of loan or share capital to cases where the Secretary of State is satisfied that financial assistance cannot, or cannot appropriately, be given in any other way); and
subsection (5) (which requires the Secretary of . State to dispose of shares or stock as soon as, in his opinion, it is reasonably practicable to do so).
The following provisions of section 8 of that Act (general powers of selective financial assistance) are repealed, namely—
subsection (1)(c) (which prevents the exercise of the powers conferred by the section unless financial assistance cannot, or cannot appropriately, be provided otherwise than by the Secretary of State);
in subsection (3)—
the words from the beginning to " and ", in the first place where it occurs, (which correspond to the words in section 7(4) repealed by paragraph 1(a) above); and
paragraph (b) (which prevents the Secretary of State, in exercise of his powers under the section, acquiring more than half, by nominal value, of the equity share capital of any company);
subsection (4) (which corresponds to section 7(5)); and
subsection (5) (which limits the duration of the Secretary of State's powers' under the section, except so far as relates to the making of a payment in pursuance of an undertaking previously given, to the period ending 31st December 1977).
In section 7(4) of that Act (selective financial assistance for industry in assisted areas), for the words " so described" there shall be substituted the words " described in subsection (3)(a) above ".
In section 8(3) of that Act (selective financial assistance: general powers), for the words " so described " there shall be substituted the words " described in subsection (3)(a) of the last preceding section ".
The following subsection shall be added at the end of section 9 of that Act (Industrial Development Advisory Board):—
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government economic policies ;
economic events outside the United Kingdom ; and
such (if any) other matters as appear to the Treasury from time to time likely to have a substantial effect on economic events in the United Kingdom.
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of any of the following, namely—
the level of gross domestic product;
unemployment;
the balance of payments on current account;
the general index of retail prices ; and
average earnings ; and
of such (if any) other economic variables as are appropriate in the opinion of the Treasury from time to time.
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The Secretary of State, with the consent of the Ministry of Agriculture, Fisheries and Food, shall draw up and from time to time revise—
a panel of persons who have experience in industrial affairs as employers or managers ;
a panel of persons who have experience in industrial affairs as representatives of workers ;
a panel of persons who are barristers or solicitors ; and
a panel of persons who are advocates or solicitors who have practised in Scotland.
Of the panels—
that mentioned in paragraph 1(c) above shall be appointed with the consent of the Lord Chancellor, and
that mentioned in paragraph 1(d) above shall be appointed with the consent of Lord President of the Court of Session.
the Secretary of State may by order made with the approval of the Treasury (in this Part of this Act referred to as a “vesting order”) direct that on a day specified in the order— shall vest in . . . in himself or in nominees for . . . himself and may make such incidental or supplementary provision in the order as appears to him to be necessary or expedient.
one from the panel mentioned in paragraph 1(a) above,
one from the panel mentioned in paragraph 1(b) above, and
one from the relevant panel of lawyers ;
The Minister constituting a committee shall appoint as the committee's chairman the member of the committee appointed to it from the relevant panel of lawyers.
A committee may, at the discretion of the chairman, where it appears expedient to do so, call in the aid of one or more persons who appear to the committee to be specially qualified for the purpose, and may settle its advice wholly or partly with the assistance of that person or persons.
A committee shall sit in private.
The Minister appointing a committee shall pay its expenses, including such (if any) fees for its members and for any person called in under paragraph 5 above as he may, with the approval of the Minister for the Civil Service, determine.
Any such Minister may make arrangements for securing that such of his officers as he considers are required are available to assist a committee.
The Secretary of State may make regulations as to the procedure for or in connection with references to advisory committees and the making by such committees of reports to the Minister concerning such references. Without-prejudice to the generality of sub-paragraph (1) above, the regulations may prescribe the time within which representations are to be made. Regulations under this paragraph shall be made by statutory instrument. A statutory instrument containing regulations under this paragraph shall be subject to annulment in pursuance of a resolution of either House of Parliament.
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In section 6(2) of the Industry Act 1972 (interpretation of Part I) the words " or a pipe-line " shall be omitted from the definitions of " machinery or plant " and " works " (where their inclusion has the effect of making capital expenditure on machinery or plant consisting of a pipe-line ineligible for regional development grant).
At the end of section 16(1)(a) of that Act (annual reports of Secretary of State) there shall be added the words " and section 3 of the Industry Act 1975 ".
Section 39. Chapter Short Title Extent of Repeal 1972 c.63 The Industry Act 1972. In section 6(2), in the definition of “machinery or plant” the words “or a pipe-line”; the definition of “pipeline” and in the definition of “works” the words “or a pipeline”. In section 7, in subsection (4), the words from the beginning to “and” and subsection (5). In section 8, in subsection (1) paragraph (c) and the word “and” immediately preceding it, in subsection (3) the words from the beginning to “and” in the first place where it occurs and paragraph (b) and the word “and” immediately preceding it, and subsections (4) and (5).