Industrial Development Act 1982 (c. 52)

SCHEDULES

Section 19.

SCHEDULE 2 U.K. Consequential Amendments, Transitional Provisions and Savings

Part I U.K. Old Cases Etc.

1 U.K. The enactments repealed by this Act and the instruments made under those enactments shall continue to have effect after the commencement of this Act for the purpose of the making of grants under Part I of the Industry Act 1972 in respect of expenditure incurred in providing an asset as part of, or on or for use in any premises if—

(a) the asset was provided before 1st August 1980; or

(b) the expenditure was defrayed before 18th July 1979; or

(c) the asset consists of a building or works provided in a derelict land clearance area and the construction of the building or the carrying out of the works was begun before 22nd March 1974.

2 (1) In Articles 5, 5A, 5B, 5C and 5D of the M1 Assisted Areas Order 1979 (which contain transitional provisions in connection with changes in the categories of the assisted areas) references to Part I of the Industry Act 1972 shall have effect on and after the commencement of this Act as if they included references to Part II of this Act. U.K.

(2) Where apart from this sub-paragraph the amount of a grant under Part II of this Act towards expenditure falling within sub-paragraph (3) below would be less than 20 per cent. of the expenditure, the amount shall instead be 20 per cent. of the expenditure.

(3) The expenditure falling within this sub-paragraph is expenditure incurred—

(a) in providing an asset as part of, or on or for use in, qualifying premises in a relevant special development area in such circumstances that, by reason of Article 5(1) and (4)(d) or Article 5A(2) and (5)(b) of the M2 Assisted Areas Order 1979 (as amended by sub-paragraph (1) above), any grant under Part II of this Act towards the expenditure is to be made at the rate appropriate to a development area which is not a special development area, or

(b) in providing a building or works at any time as part of or on qualifying premises in a relevant development area in such circumstances that, by reason of Article 5(2) and (4)(d) of that order (as so amended), no grant may be made under Part II of this Act towards any expenditure incurred in providing machinery or plant at that time for use in those premises.

(4) In sub-paragraph (3) above—

(a) “relevant special development area” means an area which became a special development area on the coming into operation of the M3 Assisted Areas Order 1977, the M4 Assisted Areas Order 1979 or the M5 Assisted Areas (Amendment) Order 1979, and

(b) “relevant development area” means an area which became a development area on the coming into operation of the M6 Assisted Areas Order 1977, the Assisted Areas (No. 2) Order 1977 or the Assisted Areas Order 1979.

(5) The preceding provisions of this paragraph are without prejudice to the provisions of an order made after the commencement of this Act under section 1 of this Act, and such an order may amend or repeal sub-paragraph (1) above.

(6) Notwithstanding its enactment by this Act, sub-paragraph (1) above shall have effect subject to any question arising as to the validity of the provisions in the Articles mentioned in that sub-paragraph referring to Part I of the M7 Industry Act 1972.

Marginal Citations

M1 S.I. 1979/837.

M2 S.I. 1979/837.

M3 S.I. 1977/683.

M4 S.I. 1979/1642.

M5 S.I. 1979/837.

M6 S.I. 1977/706.

M7 1972 c. 63.

Part II U.K. Miscellaneous

The Distribution of Industry Acts 1945 to 1958 U.K.

1 U.K. The repeal by this Act of paragraph 3 of Schedule 2 to the M8 Local Employment Act 1972 shall be without prejudice to—

(a) the continued operation as mentioned in that paragraph of any agreement relating to loans or grants entered into under the Distribution of Industry Acts 1945 to 1958;

(b) the payment of further instalments of a grant under section 3 of the M9 Distribution of Industry Act 1945 in pursuance of arrangements made before 1st April 1960;

(c) the continued payment to a housing association of grants under section 3(2) of the M10 Distribution of Industry Act 1950 in respect of dwellings provided before 1st April 1960, being grants which the Board of Trade agreed to make.

Marginal Citations

M8 1972 c. 5.

M9 1945 c. 36.

M10 1950 c. 8.

The Landlord and Tenant Act 1954 U.K.

2 U.K. In section 60 of the M11 Landlord and Tenant Act 1954—

(a) the application by subsection (1) of section 2(1) of the M12 Local Employment Act 1972 shall continue to have effect notwithstanding the repeal by this Act of Part I of Schedule 4 to the M13 Industry Act 1972; and

X1 (b) for subsection (3) there shall be substituted the following subsection—

“(3) In this section “development area” and “intermediate area” mean an area for the time being specified as a development area or, as the case may be, as an intermediate area by an order made, or having effect as if made, under section 1 of the Industrial Development Act 1982.”

Editorial Information

X1 The text of Sch. 2 Pt. II paras. 2(b), 3, 5, 6, 7(1), 10, 11, 13, 15, 17, 19 and Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M11 1954 c. 56.

M12 1972 c. 5.

M13 1972 c. 63.

M14 The Building Control Act 1966 U.K.

Marginal Citations

M14 1966 c. 27.

X2 3 U.K. In section 4(5) of the Building Control Act 1966, for the words from “ by an order” to “ the Local Employment Act 1972” there shall be substituted the words “ by an order made, or having effect as if made under section 1 of the Industrial Development Act 1982 or, in relation to a time before the commencement of that Act, under the Local Employment Act 1972”.

Editorial Information

X2 The text of Sch. 2 Pt. II paras. 2(b), 3, 5, 6, 7(1), 10, 11, 13, 15, 17, 19 and Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The Capital Allowances Act 1968 U.K.

4 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1

Textual Amendments

F1 Sch. 2 Pt. II para. 4 repealed by Capital Allowances Act 1990 (c. 1, SIF 63:1), ss. 82, 164(4) (5), Sch. 2

M15 The Development of Tourism Act 1969 U.K.

Marginal Citations

M15 1969 c. 51.

F2 5 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 2 Pt. II para. 5 repealed (19.11.1998) by 1998 c. 43, ss. 1(1), 2(3), Sch. 1 Pt. IV Group 3.

M16 The Finance Act 1971 U.K.

Marginal Citations

M16 1971 c. 68.

X3 6 U.K. In section 52(1) of the Finance Act 1971, for the words “within the meaning of the Local Employment Act 1972)” there shall be substituted the words “(that is to say, an area specified as such by an order made, or having effect as if made, under section 1 of the Industrial Development Act 1982 or, in relation to a time before the commencement of that Act, a development area within the meaning of the M17 Local Employment Act 1972)”.

Editorial Information

X3 The text of Sch. 2 Pt. II paras. 2(b), 3, 5, 6, 7(1), 10, 11, 13, 15, 17, 19 and Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M17 1972 c. 5.

M18 The Town and Country Planning Act 1971 U.K.

Marginal Citations

M18 1971 c. 78.

7 [F3 X4 (1) In section 67(7) of the Town and Country Planning Act 1971, for the definition of “development area” there shall be substituted the following definition:— U.K.

““development area” means any area specified as such by an order made, or having effect as if made, under section 1 of the Industrial Development Act 1982.”]

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F4

Editorial Information

X4 The text of Sch. 2 Pt. II paras. 2(b), 3, 5, 6, 7(1), 10, 11, 13, 15, 17, 19 and Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F3 Sch. 2 Pt. II para. 7(1) repealed (E.W.) by Housing and Planning Act 1986 (c. 63, SIF 123:1), s. 49(2), Sch. 12 Pt. III

F4 Sch. 2 Pt. II para. 7(2) repealed by Planning (Consequential Provisions) Act 1990 (c.11, SIF 123:1, 2), ss. 3, 5, Sch. 1 Pt. I, Sch. 3

M19 The Local Employment Act 1972 U.K.

Marginal Citations

M19 1972 c. 63.

8 U.K. The repeal by this Act of paragraph 3 of Schedule 2 to the M20 Industry Act 1972 shall not affect any liability by virtue of that paragraph (savings for repeals of provisions of the Local Employment Act 1972) for any offence committed before the cmmencement of this Act.

Marginal Citations

M20 1972 c. 5

9 U.K. Nothing in this Act shall prejudice the operation, in relation to section 8 of the M21 Local Employment Act 1972, of the transitional provisions contained in section 8(7) of the M22 Scottish Development Agency Act 1975 and sections 1(12) and 2(3) of the M23 Derelict land Act 1982.

Marginal Citations

M21 1972 c. 5

M22 1975 c. 69

M23 1982 c. 42

The M24 Town and Country Planning (Scotland) Act 1972 U.K.

Marginal Citations

M24 1972 c. 52.

[F5 X5 10 U.K. In section 65(6) of the Town and Country Planning (Scotland) Act 1972, for the definition of “ development area” there shall be substituted the following definition:— “ “development area” means any area specified as such by an order made, or having effect as if made, under section 1 of the Industrial Development Act 1982. ”]

Editorial Information

X5 The text of Sch. 2 Pt. II paras. 2(b), 3, 5, 6, 7(1), 10, 11, 13, 15, 17, 19 and Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Textual Amendments

F5 Sch. 2 Pt. II para. 10 repealed (S.) by Housing and Planning Act 1986 (c. 63, SIF 123:2), s. 53(2), Sch. 12 Pt. IV

The M25 House of Commons Disqualification Act 1975 U.K.

Marginal Citations

M25 1975 c. 24.

X6 11 U.K. In Part III of Schedule 1 to the House of Commons Disqualification Act 1975, for the words “ or Part II of the Industry Act 1972” there shall be substituted the words “ Part II of the Industry Act 1972 or Part III or section 13 of the Industrial Development Act 1982”.

Editorial Information

X6 The text of Sch. 2 Pt. II paras. 2(b), 3, 5, 6, 7(1), 10, 11, 13, 15, 17, 19 and Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The Industry Act 1975 U.K.

12 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Textual Amendments

F6 Sch. 2 Pt. II paras. 12, 14 repealed by Co-operative Development Agency and Industrial Development Act 1984 (c. 57, SIF 64), s. 6, Sch. 2 Pt. III

Advisory Boards in Scotland and Wales U.K.

X7 13 U.K. In section 20 of the M26 Scottish Development Agency Act 1975 and in section 13 of the M27 Welsh Development Agency Act 1975, for the words “ the Industry Act 1972”, wherever occurring, there shall be substituted the words “ the Industrial Development Act 1982”.

Editorial Information

X7 The text of Sch. 2 Pt. II paras. 2(b), 3, 5, 6, 7(1), 10, 11, 13, 15, 17, 19 and Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M26 1975 c. 69.

M27 1975 c. 70.

The M28 Energy Act 1976 U.K.

Marginal Citations

M28 1976 c. 76.

14 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F7

Textual Amendments

F7 Sch. 2 Pt. II paras. 12, 14 repealed by Co-operative Development Agency and Industrial Development Act 1984 (c. 57, SIF 64), s. 6, Sch. 2 Pt. III

The M29 British Aerospace Act 1980 U.K.

Marginal Citations

M29 1980 c. 26.

X8 15 U.K. In paragraph 3 of Schedule 1 to the British Aerospace Act 1980—

(a) in sub-paragraph (1), after the words “ the Industry Act 1972” there shall be inserted the words “ and Part II of the Industrial Development Act 1982” and for the words “ of that Act” there shall be substituted “ of the said Act of 1972”; and

(b) in sub-paragraph (2), for the words from “ and” onwards there shall be substituted the words “ or Part II of the Industrial Development Act 1982 and “ approved capital expenditure” has the same meaning as it has for the purposes of the provisions relating to regional development grant”.

Editorial Information

X8 The text of Sch. 2 Pt. II paras. 2(b), 3, 5, 6, 7(1), 10, 11, 13, 15, 17, 19 and Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The M30 Finance Act 1980 U.K.

Marginal Citations

M30 1980 c. 48.

16 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

Textual Amendments

F8 Sch. 2 Pt. II paras. 16, 18 repealed by Income and Corporation Taxes Act 1988 (c.1, SIF 63:1), s. 844, Sch. 31

The M31 English Industrial Estates Corporation Act 1981 U.K.

Marginal Citations

M31 1981 c. 13.

17 (1) In section 2(6) of the English Industrial Estates Corporation Act 1981, for the words “ the M32 Local Employment Act 1972” there shall be inserted the words “ section 14(1) of the Industrial Development Act 1982”. U.K.

(2) In section 8 of that Act, for the words “ section 5 of the Local Employment Act 1972” there shall be substituted the words “ section 14(1) of the Industrial Development Act 1982”.

Modifications etc. (not altering text)

C1 The text of Sch. 2 Pt. II paras. 2(b), 3, 5, 6, 7(1), 10, 11, 13, 15, 17, 19 and Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M32 1972 c. 5.

18 U.K. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

Textual Amendments

F9 Sch. 2 Pt. II paras. 16, 18 repealed by Income and Corporation Taxes Act 1988 (c.1, SIF 63:1), s. 844, Sch. 31

The Derelict Land Act 1982 U.K.

X9 19 U.K. In subsection 1 of the M33 Derelict Land Act 1982—

(a) in subsection (10), for the words “ the Local Employment Act 1972” there shall be substituted the words “ the Industrial Development Act 1982” ; and

(b) in subsection (11), in the definition of “ development area”, for the words from “ made” to “ 1972” there shall be substituted the words “ made, or having effect as if made, under section 1 of the Industrial Development Act 1982”.

Editorial Information

X9 The text of Sch. 2 Pt. II paras. 2(b), 3, 5, 6, 7(1), 10, 11, 13, 15, 17, 19 and Sch. 3 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M33 1982 c. 42.