Miscellaneous Financial Provisions Act 1983

1983 CHAPTER 29

An Act to establish a Development Commission in place of the Commissioners appointed under the Development and Road Improvement Funds Act 1909; to authorise the making of grants by the Secretary of State to bodies promoting industrial or commercial development in areas in England; to extinguish liability in respect of certain guarantees given under the Colonial Loans Act 1949; to amend certain enactments authorising the Treasury to give guarantees; to extend the power of the Crown Estate Commissioners to grant leases; to make provision for the redemption of certain annuities and allowances which have been payable out of public funds since before 1874; to amend section 173A of the Local Government Act 1972; and for connected purposes.

[13th May 1983]

X1 Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Editorial Information

X1 The text of the whole Act was taken from S.I.F. Group 99:1 (Public Finance and Economic Controls: Government Finance and Accounting) and the text of ss. 1, 2, 8, 9, 10(1)–(3), 11 and Schs. 1, 3 was also taken from S.I.F. Group 64 (Industrial Development)

F1 1 The Development Commission. E+W+S

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Textual Amendments

F1 S. 1 omitted (1.10.2006) by virtue of Natural Environment and Rural Communities Act 2006 (c. 16), s. 107, Sch. 11 para. 102, Sch. 12; S.I. 2006/2541, art. 2 (with Sch.)

2 Grants to regional development organisations. E+W+S

(1) The Secretary of State may out of money provided by Parliament make grants to any body within subsection (2) below for the purpose of assisting it to promote industrial or commercial development in the area with which it is concerned.

(2) The bodies referred to in subsection (1) above are—

(a) the Devon and Cornwall Development Bureau;

(b) the North of England Development Council;

(c) the North West Industrial Development Association;

(d) the Yorkshire and Humberside Development Association;

(e) any other body, whether corporate or unincorporate, whose principal object appears to the Secretary of State to be the promotion of industrial or commercial development in an area in England.

(3) The Secretary of State shall obtain the consent of the Treasury before making a grant under this section to any body other than one named in subsection (2)(a) to (d) above.

(4) In making a grant under this section the Secretary of State may impose such conditions as he thinks fit, including in particular—

(a) a condition requiring the recipient to keep proper accounts and records in respect of the application of the grant;

(b) a condition requiring the recipient to submit to the Secretary of State such periodic statements of accounts and reports relating to the application of the grant as the Secretary of State may direct; and

(c) a condition requiring the recipient to repay the whole or any part of the grant if any condition of the grant is not complied with.

(5) The Secretary of State shall lay before each House of Parliament a copy of every statement and report submitted to him in compliance with a condition of the kind described in subsection (4)(b) above.

3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2 U.K.

Textual Amendments

F2 S. 3 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I

4 Treasury guarantees. U.K.

(1) In the enactments mentioned in Schedule 2 to this Act (which enable the Treasury to guarantee the repayment of the principal of, and the payment of interest on, sums borrowed by the bodies mentioned in the third column of that Schedule) for the words “and the payment of interest on” or “and the payment of any interest on” there shall be substituted the words “the payment of interest on and the discharge of any other financial obligation in connection with”.

F3 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

F5 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) In section 62(1) of the M1 New Towns Act 1981 (Treasury guarantees in respect of sums borrowed by a development corporation or the Commission for the New Towns) for paragraphs (a) and (b) there shall be substituted the words “the repayment of the principal of, the payment of interest on and the discharge of any other financial obligation in connection with”.

Textual Amendments

F3 S. 4(2) repealed (27.7.1999) by 1999 c. 20, s. 27, Sch. 4 (with s. 15)

F4 S. 4(3) repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

F5 S. 4(4) repealed (17.6.2002) by 2002 c. 1, s. 19, Sch. 4 (with Sch. 5 para. 5); S.I. 2002/1408, art. 2

Marginal Citations

M1 1981 c. 64.

5 Power of Crown Estate Commissioners to grant leases. U.K.

In section 3(2) of the M2 Crown Estate Act 1961 (restriction on term for which a lease may be granted by Crown Estate Commissioners) for the words “one hundred years” there shall be substituted the words “one hundred and fifty years”.

Marginal Citations

M2 1961 c. 55.

F6 6 Redemption of certain annuities. U.K.

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Textual Amendments

F6 S. 6 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 9 Group 1

7 Local government allowances. U.K.

(1) Section 173A of the M3 Local Government Act 1972 (which enables councillors to give notices opting for financial loss allowance instead of attendance allowance) shall be amended as follows.

(2) In subsection (3) (notices given within four weeks from election)—

(a) for the words “four weeks from” there shall be substituted the words “one month beginning with the day of”; and

(b) after the words “of the authority” there shall be inserted the words “then, subject to subsection (4A) below”.

(3) For subsections (4) to (6) (later notices, and notices of withdrawal) there shall be substituted—

“(4) If a councillor gives a financial loss allowance notice to the local authority otherwise than in accordance with subsection (3) above, then, subject to subsection (4A) below, he shall be entitled to receive financial loss allowance for the performance of any approved duty after the end of the period of one month beginning with the day on which the notice is given.

(4A) If a councillor who has given a local authority a financial loss allowance notice gives them notice in writing that he withdraws that notice, it shall not have effect in relation to any duty performed after the day on which the notice of withdrawal is given.”.

Marginal Citations

M3 1972 c. 70.

8 Repeals. U.K.

The enactments mentioned in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

9 Commencement. U.K.

(1) Sections 1 and 8 above (and Schedules 1 and 3) shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument; and an order under this subsection may appoint different days for different purposes.

(2) Except as provided in subsection (1) above this Act shall come into force at the end of the period of two months beginning with the day on which it is passed.

Modifications etc. (not altering text)

C1 Power of appointment conferred by s. 9(1) fully exercised: 1.4.1984 appointed by S.I. 1983/1338, art. 2

10 Extent. U.K.

(1) Sections 1 and 2 above, and Schedule 1 to this Act (except paragraph 12), shall not extend to Northern Ireland.

(2) Any amendment or repeal by section 4, 7 or 8 above of an enactment which does not extend throughout the United Kingdom shall extend only to the part of the United Kingdom to which the enactment amended or repealed extends.

(3) Subject to subsections (1) and (2) above, this Act extends to Northern Ireland.

(4) Section 5 of this Act extends to the Isle of Man so far as is material to any powers or duties of the Crown Estate Commissioners in the Isle of Man.

11 Short title. U.K.

This Act may be cited as the Miscellaneous Financial Provisions Act 1983.

SCHEDULES

Section 1.

F7 SCHEDULE 1 U.K. The Development Commission

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Textual Amendments

F7 Sch. 1 repealed (1.7.2000) by S.I. 2000/1505, art. 5

Section 4.

SCHEDULE 2 U.K. Treasury Guarantees

Act	Provision amended	Borrowers
F9 . . .	F9 . . .	F9 . . .
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, [F10 the National Bus Company][F11 and the Scottish Transport Group].
The New Towns (Scotland) Act 1968 (c. 16).	Section 38A(1).	New town development corporations.
F12 . . ..	F12 . . ..	F12 . . ..
. . . F13	. . . F13	. . . F13
. . . F14	. . . F14	. . . F14
. . . F15	. . . F15	. . . F15
F16 . . .	F16 . . .	F16 . . .
F17 . . .	F17 . . .	F17 . . .
The Welsh Development Agency Act 1975 (c. 70).	Schedule 3, paragraph 6(1).	The Welsh Development Agency.
. . . F18	. . . F18	. . . F18
The Airports Authority Act 1975 (c. 78).	Section 7(1).	The British Airports Authority.
F19 . . .	F19 . . .	F19 . . .
F20 . . .	F20 . . .	F20 . . .
The British Airways Board Act 1977 (c. 13).	Section 11(1).	The British Airways Board.
F21 . . .	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.
. . . F22	. . . F22	. . . F22
[F23 The Local Government Finance Act 1982 (c. 32).]	[F23 Schedule 3, paragraph 11(1).]	[F23 The Audit Commission for Local Authorities in England and Wales.]

Textual Amendments

F9 In Sch. 2, the entry relating to the Coal Industry Nationalisation Act 1946 repealed (27.3.2004) by Coal industry Act 1994 (c. 21), s. 68(4), Sch. 11 Pt. III; S.I. 2004/144, art. 2, Sch.

F10 In Sch. 2, words in entry relating to the Transport Act 1962 repealed (G.B.) (01.04.1991) by S.I. 1991/510, art. 5, Sch.

F11 Words in entry relating to the Transport Act 1962 in Sch. 2 repealed (S.) (7.6.2002) by S.S.I. 2002/263, art. 5(2), Sch.

F12 Entry in Sch. 2 repealed (26.3.2001) by 2000 c. 26, s. 127(6), Sch. 9; S.I. 2001/1148, art. 2, Sch. (subject to arts. 3-42) (with art. 34)

F13 Entry repealed by Gas Act 1986 (c. 44, SIF 44:2), s. 67(4), Sch. 9 Pt. II

F14 Entry repealed by Water Act 1989 (c. 15, SIF 130), s. 190(3)(4), Sch. 27 Pt. I

F15 Entry repealed by Housing (Consequential Provisions) Act 1985 (c. 71, SIF 61), s. 3, Sch. 1 Pt. I

F16 Sch. 2: entry relating to the Industry Act 1975 repealed (06.01.1992) by British Technology Group Act 1991 (c. 66, SIF 64), s. 17(2), Sch. 2 Pt. I; S.I. 1991/2721, art. 2

F17 Entry repealed (1.4.1991) by Enterprise and New Towns (Scotland) Act 1990 (c. 35, SIF 64), s. 38(2), Sch. 5 Pt. I

F18 Entry repealed by Oil and Pipelines Act 1985 (c. 62, SIF 86), s. 7, Sch. 4 Pt. I

F19 Entry in Sch. 2 repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. IV (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 4

F20 Entry in Sch. 2 omitted (22.3.2013) by virtue of The Public Bodies (Abolition of British Shipbuilders) Order 2013 (S.I. 2013/687), art. 1(2), Sch. 1 para. 7

F21 Entry in Sch. 2 repealed (1.10.1998) by 1998 c. 38, s. 152, Sch. 18 Pt. V (with ss. 137(1), 139(2), 143(2)); S.I. 1998/2244, art. 4

F22 Entry repealed by British Steel Act 1988 (c. 35, SIF 70), s. 16(3), Sch. 2 Pt. I

F23 Entry in Sch. 2 repealed (E.W.) (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5

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).