Welsh Development Agency Act 1975

27 Interpretation. E+W+S

(1) In this Act, unless the context otherwise requires—

• “accounting year”, in relation to the Agency, means the period of twelve months ending with the 31st March in any year, except that the Agency’s first accounting year shall begin on the date of the first or only order under section 29(2) below and end on 31st March 1977;

• “the appropriate Minister” in relation to any statutory undertakers in relation to whom it is defined by [F1 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;

• [F2 “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;

• F3 “common” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882 and any town or village green;

• F4 “dispose” includes dispose by sale or exchange or dispose by lease (whether by grant or assignment) and related expressions shall be construed accordingly;

• F5 “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 [F6 section 736 of the Companies Act 1985];

• F7 . . .

• [F8 “land” has the meaning given by Schedule 1 to the M1 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—

  (a)

  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 . . . F9 , . . . F10 [F11 hydraulic power or water][F11 or hydraulic power], and

  (b)

  the Civil Aviation Authority F12 . . ., [F13 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 [F14 the Town and Country Planning Act 1990];

  and “statutory undertaking” shall be construed accordingly;

• “subsidiary” means a subsidiary as defined by [F15 section 736 of the Companies Act 1985]; and

[F16 “universal service provider” has the same meaning as in the Postal Services Act 2000; and references to the provision of a universal postal service shall be construed in accordance with that Act;]

“wholly owned subsidiary” has the meaning assigned to it by [F17 [F18 section 736] of the Companies Act 1985].

[F19 (1A) 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.]

(2) Securities and other property are publicly owned for the purposes of this Act if they are held—

(a) by or on behalf of the Crown;

(b) 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;

(c) 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

(d) by a wholly owned subsidiary of any such corporation.

(3) 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.

Textual Amendments

F1 Words substituted by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 4, Sch. 2 para. 34(3)(a).

F2 S. 27(1): Definition of “business” inserted (1.10.1998) by 1998 c. 38, s. 128, Sch. 14 Pt. I para. 10(2); S.I. 1998/2244, art. 4

F3 S. 27(1): Definition of “common” inserted (1.10.1998) by 1998 c. 38, s. 128, Sch. 14 Pt. I para. 10(2); S.I. 1998/2244, art. 4

F4 S. 27(1): Definition of “dispose” inserted (1.10.1998) by 1998 c. 38, s. 128, Sch. 14 Pt. I para. 10(2); S.I. 1998/2244, art. 4

F5 S. 27(1): Definition of “fuel or field garden allotment” inserted (1.10.1998) by 1998 c. 38, s. 128, Sch. 14 Pt. I para. 10(2); S.I. 1998/2244, art. 4

F6 Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2.

F7 S. 27(1): Definition of “industry” and “industrial” repealed (1.10.1998) by 1998 c. 38, s. 152. Sch. 18 Pt. III (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 4

F8 S. 27(1): Definition of “land” and

“open space”

substituted for definition of

“land”

(1.10.1998) by 1998 c. 38, s. 128, Sch. 14 Pt. I para. 10(3); S.I. 1998/2244, art. 4

F9 Word repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18.

F10 Word and comma repealed by Gas Act 1986 (c. 44, SIF 44:2), s. 67(4), Sch. 9 Pt. I.

F11 Words “or hydraulic power” substituted (E.W.) for the words “hydraulic power or water” by Water Act 1989 (c. 15, SIF 130), s. 190, Sch. 25 para. 51 (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58).

F12 S. 27(1): Words in definition of statutory undertakers repealed (31.10.1994) by 1994 c. 21, s. 67, Sch. 9 para. 16, Sch. 11 Pt. II; S.I. 1994/2553, art. 2.

F13 S. 27(1): Words in para. (b) of the definition of “statutory undertakers” substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 40(2)(a)

F14 Words substituted by Planning (Consequential Provisions) Act 1990 (c.11, SIF 123:1, 2), s. 4, Sch. 2 para. 34(3)(b).

F15 Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2.

F16 Definition of “universal service provider” in s. 27(1) inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 40(2)(b)

F17 Words substituted by virtue of Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2.

F18 Words substituted by Companies Act 1989 (c. 40, SIF 27), ss. 144(4), 213(2), Sch. 18 para. 13 (subject to the transitional provisions referred to in S.I. 1990/1392, arts. 2(d), 6).

F19 S. 27(1A) inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 40(3)

Marginal Citations

M1 1978 c. 30.