Welsh Development Agency Act 1975

24 Power to obtain information. E+W+S

(1) If the Agency are considering exercising any of their functions under this Act in relation to any land, they may, by notice served on the owner or occupier of that land, require him to state in writing the nature of his interest therein, and the name and address of any other person known to him as having an interest therein, whether as a freeholder, mortgagee, lessee or otherwise.

(2) Any person who, having been required in pursuance of this section to give any information refuses or fails without reasonable cause to give that information shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F1 level 3 on the standard scale].

(3) Any person who, having been so required to give any information, knowingly makes any mis-statement in respect thereof shall be guilty of an offence and liable on summary conviction to a fine not exceeding £400 or on conviction on indictment to imprisonment for a term not exceeding two years or to a fine, or both.

(4) Where an offence under this section committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(5) Where the affairs of a body corporate are managed by its members, subsection (4) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(6) Nothing in section 9 of the M1 Statistics of Trade Act 1947 (restrictions on disclosure of information obtained under that Act) shall prevent or penalise the disclosure by the Secretary of State . . . F2 to an officer of the Agency of information obtained under that Act, consisting of the name and address of any establishment, the numbers of persons of different descriptions employed there and the nature of the activities carried on there;and, accordingly, section 4 of the Employment and Training Act M2 1973 (obtaining and disclosure of information by the [F3 Secretary of State]) shall have effect as if—

(a) in subsection (3)(e), after the word “1972” there were inserted the words “the Scottish Development Agency”;

(b) in subsection (5), after paragraph (d) there were inserted the following paragraph—

“(dd) in the case of information given to an officer of the Scottish Development Agency, the purposes of functions conferred on that Agency by the Scottish Development Agency Act 1975;”

Textual Amendments

F1 Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46

F2 Words repealed by virtue of Employment Act 1989 (c. 38, SIF 43:1), s. 29(3)(4), Sch. 6 para. 14(a), Sch. 7 Pt. I

F3 Words substituted by Employment Act 1989 (c. 38, SIF 43:1), s. 29(3), Sch. 6 para. 14(b)

Marginal Citations

M1 1947 c. 39.

M2 1973 c.5043:1.