Miscellaneous Financial Provisions Act 1983

SCHEDULES

Section 1.

SCHEDULE 1 U.K. The Development Commission

Status E+W+S

1 (1) The Commission shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown; and, subject to sub-paragraph (2) below, the Commission’s property shall not be regarded as property of, or property held on behalf of, the Crown.

(2) Any land occupied by the Commission shall, for the purpose of any rate on property, be treated as if it were property occupied by or on behalf of the Crown for public purposes.

Membership E+W+S

2 (1) The Commission shall consist of not more than [F1 twelve]members appointed by Her Majesty by warrant under the sign manual, and one of those members shall be appointed as chairman.

(2) Subject to the following provisions of this Schedule, a person shall hold and vacate office as a member or as chairman of the Commission in accordance with the terms of his appointment.

(3) A person shall not hold office as a member of the Commission for more than five years under any one appointment, but a person who ceases or has ceased to be a member shall be eligible for reappointment.

(4) A person may at any time resign his office as a member or as chairman of the Commission.

(5) Sub-paragraph (1) above has effect subject to section 1(2) of this Act; and

(a) notwithstanding the provisions of that sub-paragraph, a member of the Commission who is immediately before the commencement of this Schedule the chairman of the Commissioners appointed under section 3 of the M1 Development and Road Improvement Funds Act 1909 shall be the first chairman of the Commission; and

(b) a person who is a member by virtue of section 1(2) of this Act may, notwithstanding the restriction imposed by sub-paragraph (3) above, continue to hold office for the unexpired term of his appointment under the said section 3.

Textual Amendments

F1 Word substituted by Farm Land and Rural Development Act 1988 (c. 16, SIF 2:1), s. 3

Marginal Citations

M1 1909 c. 47.

3 (1) The Commission shall pay to its members such remuneration and allowances as the Secretary of State may, with the approval of the Treasury, determine.

(2) In the case of any such member or past member of the Commission as the Secretary of State may with the approval of the Treasury determine, the Commission shall pay such pension, allowance or gratuity to or in respect of him, or make such payment towards the provision of such a pension, allowance and gratuity as the Secretary of State may so determine.

(3) Where a person ceases to be a member of the Commission, 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 with the approval of the Treasury direct the Commission to make to that person a payment of such amount as the Secretary of State may with that approval determine.

Staff E+W+S

4 (1) There shall be a chief officer of the Commission who shall be appointed by the Commission with the approval of the Secretary of State.

(2) The number of the Commission’s employees, and the terms and conditions of their employment, shall be such as the Commission may, with the approval of the Secretary of State given with the consent of the Treasury, determine.

(3) The Commission may in the case of such of its employees as it may, with the approval of the Secretary of State given with the consent of the Treasury, determine—

(a) pay such pensions, allowances or gratuities to or in respect of them as may be so determined;

(b) make such payments towards the provision of pensions, allowances or gratuities to or in respect of any of them as may be so determined; or

(c) provide and maintain such schemes (whether contributory or not) for the payment of pensions, allowances or gratuities to or in respect of them as may be so determined;

and any scheme under this paragraph shall be so framed as to correspond, so far as is appropriate, with the principal civil service pension scheme within the meaning of section 2 of the M2 Superannuation Act 1972 and for the time being in force.

Marginal Citations

M2 1972 c. 11.

Proceedings and instruments E+W+S

5 (1) The Commission shall make rules of procedure requiring its members to disclose any interests that they may have in transactions effected or proposed by the Commission.

(2) The quorum of the Commission and, subject to sub-paragraph (1) above, its procedure shall be such as the Commission may determine.

6 The validity of any proceedings of the Commission shall not be affected by any defect in the appointment of a member or by a vacancy in the office of chairman.

7 A document purporting to be duly executed under the seal of the Commission or to be signed on behalf of the Commission shall, until the contrary is proved, be deemed to be a document so executed or issued.

Committees E+W+S

8 If the Commission appoints committees for the purpose of advising it on the discharge of its functions, any payments made by the Commission in respect of expenses or allowances to members of the committees who are not members of the Commission shall be such as the Commission may, with the approval of the Secretary of State given with the consent of the Treasury, determine.

Accounts and information E+W+S

9 (1) The Commission shall—

(a) keep proper accounts and proper records in relation to the accounts;

(b) prepare in respect of each financial year a statement of accounts in such form as the Secretary of State may, with the approval of the Treasury, direct.

(2) The statement of accounts prepared by the Commission for each financial year shall be submitted to the Secretary of State at such time as he shall with the approval of the Treasury direct.

(3) The Secretary of State shall, on or before 30th November in any year, send to the Comptroller and Auditor General the statement of accounts prepared by the Commission under sub-paragraph (1) above for the financial year last ended.

(4) The Comptroller and Auditor General shall examine, certify and report on the statement of accounts sent to him under sub-paragraph (3) above and shall lay copies of the statement and of his report before each House of Parliament.

(5) In this paragraph “financial year” means the period beginning with the day on which this Schedule comes into force and ending with 31st March following that day and each successive period of twelve months.

10 The Commission shall provide the Secretary of State with such information relating to its activities or proposed activities as he may from time to time require, and shall permit any person authorised by the Secretary of State to inspect and make copies of its accounts, books, documents or papers.

11 (1) As soon as possible after the end of each financial year (within the meaning of paragraph 9 above) the Commission shall make to the Secretary of State a report on the exercise of its functions during that year.

(2) The report for any financial year shall set out any direction given to the Commission by the Secretary of State under section 1(8) of this Act during that year.

(3) The Secretary of State shall lay before each House of Parliament a copy of every report made by the Commission under this paragraph.

House of Commons disqualification U.K.

12 In Part II of Schedule 1 to the M3 House of Commons Disqualification Act 1975 (bodies of which all members are disqualified under that Act), in the entry relating to the Development Commission, the words “established under the Development and Road Improvement Funds Act 1909” shall cease to have effect.

Marginal Citations

M3 1975 c. 24.

Transfer of property etc. E+W+S

13 (1) On the day on which this Schedule comes into force all the property, rights and liabilities to which the Development Commissioners appointed under the M4 Development and Road Improvement Funds Act 1909 (“the unincorporated Commission”) were entitled or subject immediately before that day shall by virtue of this paragraph become property, rights and liabilities of the Commission.

(2) This paragraph shall have effect to transfer to the Commission any rights and liabilities of the unincorporated Commission under contracts of employment.

(3) For the purpose of determining the length of service as an employee of the Commission of any person who becomes its employee by virtue of this paragraph, any service with the unincorporated Commission shall be treated as service with the Commission.

Marginal Citations

M4 1909 c. 47.

14 Every document referring to the unincorporated Commission shall be construed as if for that reference there were substituted, in relation to anything falling to be done or occurring on or after the day on which this Schedule comes into force, a reference to the Commission.

15 Anything done by or in relation to the unincorporated Commission and having effect immediately before the day on which this Schedule comes into force shall so far as is required for continuing its effect thereafter be treated as if it had been done by or in relation to the Commission; and in particular any legal proceedings then pending to which the unincorporated Commission is a party may be continued by or in relation to the Commission.

16 The Commission shall as soon as possible after the day on which this Schedule comes into force make to the Secretary of State a report on the proceedings of the unincorporated Commission since the end of the period for which the last report under section 4(6) of the Development and Road Improvement Funds Act 1909 was made; and the Secretary of State shall lay a copy of the report before each House of Parliament.

The development fund E+W+S

17 (1) The assets and liabilities, immediately before the day on which this Schedule comes into force, of the development fund established under section 2 of the Development and Road Improvement Funds Act 1909 shall on that day become assets and liabilities of the Commission.

(2) The reference in sub-paragraph (1) above to the assets of the development fund includes a reference to any right of the Secretary of State under the terms of an advance made under Part I of the M5 Development and Road Improvement Funds Act 1909; and accordingly, so far as may be necessary for giving effect to this paragraph, any reference in those terms to the Secretary of State shall be construed as a reference to the Commission.

(3) The reference in sub-paragraph (1) above to the liabilities of the development fund is a reference to liabilities falling to be discharged by payments out of the development fund.

(4) The Secretary of State may with the approval of the Treasury give the Commission directions as to the application of any sums received by the Commission by virtue of this paragraph, and the Commission shall comply with any such directions.

Marginal Citations

M5 1909 c. 47.

18 (1) The Secretary of State shall, not later than eight months after the day on which this Schedule comes into force, prepare and send to the Comptroller and Auditor General an account showing the receipts into and payments out of the development fund in the period between the end of the financial year for which the last account under section 2(4) of the Development and Road Improvement Funds Act 1909 was prepared and the day on which this Schedule comes into force.

(2) The Comptroller and Auditor General shall examine, certify and report on the account sent to him under sub-paragraph (1) above and shall lay copies of the statement and of his report before each House of Parliament.

Section 4.

SCHEDULE 2 E+W+S Treasury Guarantees

Act	Provision amended	Borrowers
The Coal Industry Nationalisation Act 1946 (c. 59).	Section 27(4).	The National Coal Board.
The Electricity Act 1957 (c. 48).	Section 17(1).	The Electricity Council, the Central Electricity Generating Board and Area Boards.
The Transport Act 1962 (c. 46).	Section 21(1).	The British Railways Board, the British Transport Docks Board, the British Waterways Board, F2 . . . and the Scottish Transport Group.
The New Towns (Scotland) Act 1968 (c. 16).	Section 38A(1).	New town development corporations.
The Post Office Act 1969 (c. 48).	Section 38(1).	The Post Office.
. . . F3	. . . F3	. . . F3
. . . F4	. . . F4	. . . F4
. . . F5	. . . F5	. . . F5
The Industry Act 1975 (c. 68).	Schedule 2, paragraph 4(1).	The National Enterprise Board.
F6 . . .	F6 . . .	F6 . . .
The Welsh Development Agency Act 1975 (c. 70).	Schedule 3, paragraph 6(1).	The Welsh Development Agency.
. . . F7	. . . F7	. . . F7
The Airports Authority Act 1975 (c. 78).	Section 7(1).	The British Airports Authority.
The Development of Rural Wales Act 1976 (c. 75).	Section 10(1).	The Development Board for Rural Wales.
The Aircraft and Shipbuilding Industries Act 1977 (c. 3).	Section 13(1).	British Shipbuilders.
The British Airways Board Act 1977 (c. 13).	Section 11(1).	The British Airways Board.
The Local Government, Planning and Land Act 1980 (c. 65).	Schedule 21, paragraph 2(1).	The Land Authority for Wales.
The Local Government, Planning and Land Act 1980 (c. 65).	Schedule 31, paragraph 5(1).	Urban development corporations.
Act	Provision amended	Borrowers
The English Industrial Estates Corporation Act 1981 (c. 13).	Section 5(1).	The English Industrial Estates Corporation.
The British Telecommunications Act 1981 (c. 38).	Section 29(1).	British Telecommunications.
The Civil Aviation Act 1982 (c. 16).	Section 14(1).	The Civil Aviation Authority.
. . . F8	. . . F8	. . . F8
The Local Government Finance Act 1982 (c. 32).	Schedule 3, paragraph 11(1).	The Audit Commission for Local Authorities in England and Wales.

Textual Amendments

F2 In Sch. 2, words in entry relating to the Transport Act 1962 repealed (G.B.) ( 1. 4.1991) by S.I. 1991/510, art. 5,Sch.

F3 Entry repealed by Gas Act 1986 (c. 44, SIF 44:2), s. 67(4), Sch. 9 Pt. II

F4 Entry repealed by Water Act 1989 (c. 15, SIF 130), s. 190(3)(4), Sch. 27 Pt. I

F5 Entry repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I

F6 Entry repealed (1.4.1991) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. I

F7 Entry repealed by Oil and Pipelines Act 1985 (c. 62, SIF 86), s. 7, Sch. 4 Pt. I

F8 Entry repealed by British Steel Act 1988 (c. 35, SIF 70), s. 16(3), Sch. 2 Pt. I

Section 4.

SCHEDULE 2 N.I. Treasury Guarantees

Extent Information

E1 This version of this provision extends to Northern Ireland only; a separate version has been created for Great Britain only.

Act	Provision amended	Borrowers
The Coal Industry Nationalisation Act 1946 (c. 59).	Section 27(4).	The National Coal Board.
The Electricity Act 1957 (c. 48).	Section 17(1).	The Electricity Council, the Central Electricity Generating Board and Area Boards.
The Transport Act 1962 (c. 46).	Section 21(1).	The British Railways Board, the British Transport Docks Board, the British Waterways Board, the National Bus Company and the Scottish Transport Group.
The New Towns (Scotland) Act 1968 (c. 16).	Section 38A(1).	New town development corporations.
The Post Office Act 1969 (c. 48).	Section 38(1).	The Post Office.
. . . F9	. . . F9	. . . F9
. . . F10	. . . F10	. . . F10
. . . F11	. . . F11	. . . F11
The Industry Act 1975 (c. 68).	Schedule 2, paragraph 4(1).	The National Enterprise Board.
F12 . . .	F12 . . .	F12 . . .
The Welsh Development Agency Act 1975 (c. 70).	Schedule 3, paragraph 6(1).	The Welsh Development Agency.
. . . F13	. . . F13	. . . F13
The Airports Authority Act 1975 (c. 78).	Section 7(1).	The British Airports Authority.
The Development of Rural Wales Act 1976 (c. 75).	Section 10(1).	The Development Board for Rural Wales.
The Aircraft and Shipbuilding Industries Act 1977 (c. 3).	Section 13(1).	British Shipbuilders.
The British Airways Board Act 1977 (c. 13).	Section 11(1).	The British Airways Board.
The Local Government, Planning and Land Act 1980 (c. 65).	Schedule 21, paragraph 2(1).	The Land Authority for Wales.
The Local Government, Planning and Land Act 1980 (c. 65).	Schedule 31, paragraph 5(1).	Urban development corporations.
Act	Provision amended	Borrowers
The English Industrial Estates Corporation Act 1981 (c. 13).	Section 5(1).	The English Industrial Estates Corporation.
The British Telecommunications Act 1981 (c. 38).	Section 29(1).	British Telecommunications.
The Civil Aviation Act 1982 (c. 16).	Section 14(1).	The Civil Aviation Authority.
. . . F14	. . . F14	. . . F14
The Local Government Finance Act 1982 (c. 32).	Schedule 3, paragraph 11(1).	The Audit Commission for Local Authorities in England and Wales.

Textual Amendments

F9 Entry repealed by Gas Act 1986 (c. 44, SIF 44:2), s. 67(4), Sch. 9 Pt. II

F10 Entry repealed by Water Act 1989 (c. 15, SIF 130), s. 190(3)(4), Sch. 27 Pt. I

F11 Entry repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I

F12 Entry repealed (1.4.1991) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. I

F13 Entry repealed by Oil and Pipelines Act 1985 (c. 62, SIF 86), s. 7, Sch. 4 Pt. I

F14 Entry repealed by British Steel Act 1988 (c. 35, SIF 70), s. 16(3), Sch. 2 Pt. I

Section 8.

SCHEDULE 3 U.K. Enactments Repealed

Chapter	Short title	Extent of repeal
1 & 2 Vict. c. 120.	The Tin Duties Act 1838.	The whole Act.
32 & 33 Vict. c. 44.	The Greenwich Hospital Act 1869.	Section 9.
9 Edw. 7. c. 47.	The Development and Road Improvement Funds Act 1909.	Part I.
		Section 19.
		The Schedule.
10 Edw. 7 & 1 Geo. 5. c. 7.	The Development and Road Improvement Funds Act 1910.	The whole Act.
1 & 2 Geo. 5. c. 49.	The Small Landholders (Scotland) Act 1911.	In Schedule 1, the reference to the Development and Road Improvement Funds Acts 1909 and 1910.
6 & 7 Geo. 5. c. 38.	The Small Holding Colonies Act 1916.	In section 3, the words “or the Development and Road Improvement Funds Act, 1909,”.
		In section 5(1), the words “or to be acquired”.
9 & 10 Geo. 6. c. 49.	The Acquisition of Land (Authorisation Procedure) Act 1946.	In Schedule 4, the entries relating to the Development and Road Improvement Funds Act 1909.
9 & 10 Eliz. 2. c. 33.	The Land Compensation Act 1961.	Section 8(7)(b).
1963 c. 51.	The Land Compensation (Scotland) Act 1963.	Section 15(7)(b).
1972 c. 11.	The Superannuation Act 1972.	In Schedule 6, paragraph 4.
1975 c. 24.	The House of Commons Disqualification Act 1975.	In Part II of Schedule 1, in the entry relating to the Development Commission, the words “established under the Development and Road Improvement Funds Act 1909”.
1981 c. 13.	The English Industrial Estates Corporation Act 1981.	Section 3(a).