Industrial Development Act 1966 (repealed 5.11.1993)

Industrial Development Act 1966

1966 CHAPTER 34

An Act to provide for the making of grants out of moneys provided by Parliament towards expenditure on the provision of new business assets; to provide for the exercise of powers under the Local Employment Acts 1960 and 1963 in relation to new development areas and to make other amendments in those Acts; to make new provision in relation to industrial development certificates; to amend section 3 of the Sea Fish Industry Act 1962; and for connected purposes.

[12th August 1966]

Commencement Information

I1 Act wholly in force at 19. 8. 1966 see s. 31(6)

Industrial Development Act 1966

1966 CHAPTER 34

An Act to provide for the making of grants out of moneys provided by Parliament towards expenditure on the provision of new business assets; to provide for the exercise of powers under the Local Employment Acts 1960 and 1963 in relation to new development areas and to make other amendments in those Acts; to make new provision in relation to industrial development certificates; to amend section 3 of the Sea Fish Industry Act 1962; and for connected purposes.

[12th August 1966]

Part I U.K. Investment Grants

Modifications etc. (not altering text)

C1 Part I amended by Atomic Energy Authority Act 1971 (c. 11), s. 16(1); restricted by Investment and Building Grants Act 1971 (c. 51), s. 1

1 Machinery and plant. U.K.

(1) Subject to the provisions of this section, the [F1 Secretary of State] may make to any person carrying on a business in Great Britain a grant towards approved capital expenditure incurred by that person in providing new machinery or plant for use in Great Britain—

(a) for carrying on a qualifying industrial process in the course of that business; or

(b) for carrying on in the course of that business scientific research relating to a qualifying industrial process whether carried on in the course of that business or not.

(2) For the purposes of this section a qualifying industrial process is a process for or incidental to any of the following purposes, that is to say—

(a) the making of any article;

(b) the searching for or, without prejudice to the foregoing paragraph, the extracting or getting, or the preparation for sale, of coal, oil or other minerals, brine, peat or natural gas;

(c) the generation of energy;

(d) the repair, maintenance, conversion or refitting of a ship; or

(e) the construction, alteration or demolition of a building or of any other fixed works of construction or civil engineering, including a road.

(3) For the purposes of this section—

(a) the repair or maintenance in the course of a business of an article which is used in the course of that business for carrying on a process for or incidental to any of the purposes mentioned in subsection (2) of this section;

(b) the storage in the course of a business of anything which is to be used in the course of that business for carrying on any such process or which is to be or has been subjected to, or has resulted from, any such process carried on in the course of that business; and

(c) the packing in the course of a business of anything which is to be or has been subjected to, or has resulted from, any such process carried on in the course of that business,

shall each be treated as a process incidental to that purpose, but, save as aforesaid, repair, maintenance, storage or packing shall not be treated as a process incidental to any of the purposes mentioned in subsection (2) of this section.

(4) Machinery or plant provided for use in any area designated under section 1(7) of the M1 Continental Shelf Act 1964 for carrying on any process for or incidental to the purpose mentioned in subsection (2)(b) of this section shall be treated for the purposes of this section as provided for use in Great Britain.

(5) Machinery or plant provided by a person for protecting against fire or other risks any premises, or property in any premises, used by him for carrying on any process for or incidental to any of the purposes mentioned in subsection (2) of this section, or for carrying on such research as is mentioned in subsection (1)(b) of this section, shall be treated for the purposes of this section as provided by him for use for carrying on a process incidental to that purpose or, as the case may be, for carrying on such research.

(6) Subject to any order under section 7 of this Act, the amount of any grant under this section shall be twenty per cent. of the expenditure in respect of which it is made, except that it shall be forty per cent. of the said expenditure so far as it qualifies as development area expenditure in accordance with Schedule 1 to this Act.

(7) No grant shall be made under this section to any of the bodies mentioned in Schedule 2 to this Act unless the machinery or plant in question is provided for use for carrying on a process for or incidental to the purpose mentioned in subsection (2)(a) or (d) of this section, being a process the carrying on of which does not in the opinion of the [F1 Secretary of State] form part of the principal or main functions of that body.

(8) This section shall apply to the production of a prototype of an article of any description for use in carrying on scientific research relating to any process for or incidental to the making of articles of that description as it applies to the provision of machinery or plant for use in carrying on such research.

Textual Amendments

F1 Words substituted by virtue of S.I. 1969/1498, arts. 3(1), 5(b) Sch. 1 para. 4 and 1970/1537, arts. 2(2), 7(4)

Marginal Citations

M1 1964 c. 29.

2 Computers. U.K.

(1) Subject to the provisions of this section, the [F2 Secretary of State] may make to any person carrying on a business in Great Britain a grant towards approved capital expenditure incurred by that person in providing a new computer for use in Great Britain for the purposes of that business.

(2) Subject to any order under section 7 of this Act, the amount of any grant under this section shall be twenty per cent. of the expenditure in respect of which it is made, except that in the case of a computer as respects which the [F2 Secretary of State is] satisfied that it is provided solely or primarily—

(a) for integration with machinery or plant which is or is to be used for carrying on a qualifying industrial process within the meaning of section 1 of this Act; or

(b) for carrying on such research as is mentioned in subsection (1)(b) of that section,

the amount shall be forty per cent. of the said expenditure so far as it qualifies as development area expenditure in accordance with Schedule 1 to this Act.

(3) For the purposes of this section, a computer shall be treated as provided for integration with machinery or plant in any case in which the [F2 Secretary of State is] satisfied that it is to be used for controlling, or recording or analysing data as to, the operation of the machinery or plant and is to be linked with the machinery or plant by a device for the automatic transmission of signals.

Textual Amendments

F2 Words substituted by virtue of S.I. 1969/1498, arts. 3(1), 5(b) Sch. 1 para. 4 and 1970/1537, arts. 2(2), 7(4)

3 Hover vehicles. U.K.

(1) Subject to the provisions of this section, the [F3 Secretary of State] may make to any person carrying on a business in Great Britain a grant towards approved capital expenditure incurred by that person in providing a new hover vehicle for use, whether or not in Great Britain, for the purposes of that business.

(2) No grant shall be made under this section to—

(a) an individual who is not ordinarily resident in Great Britain;

(b) a body corporate which is not incorporated and resident in Great Britain.

(3) Subject to any order under section 7 of this Act, the amount of any grant under this section shall be twenty per cent. of the expenditure in respect of which it is made.

Textual Amendments

F3 Words substituted by virtue of S.I. 1969/1498, arts. 3(1), 5(b) Sch. 1 para. 4 and 1970/1537, arts. 2(2), 7(4)

4 Hired assets. U.K.

(1) References in this Part of this Act to providing machinery or plant, a computer or a hover vehicle do not include references to providing it by hiring it from another person; and nothing in the foregoing provisions of this Part of this Act shall be construed as enabling a grant to be made under those provisions towards expenditure incurred by a person in providing any such asset for the purpose of hiring it out to another person.

(2) Subject to the provisions of this section, the [F4 Secretary of State] may make to any person carrying on a business in Great Britain of hiring out any asset mentioned in subsection (1) of this section a grant towards approved capital expenditure incurred by that person in providing for the purposes of that business a new asset such as is mentioned in that subsection, but such a grant shall be made only—

(a) in the case of any such asset as aforesaid, if—

(i) the asset has been hired out by him to another person; and

(ii) a grant could have been made under section 1, 2 or 3 of this Act to that other person if the asset had been provided by him within the meaning of that section and approved capital expenditure had been incurred by him, in so providing it, on the date on which he took possession of it; or

(b) in the case of machinery or plant, if it is provided for the purpose of being hired out for use in Great Britain for carrying on any process for or incidental to the purpose mentioned in section 1(2)(e) of this Act.

(3) Subject to any order under section 7 of this Act—

(a) the amount of any grant made by virtue of paragraph (a) of subsection (2) of this section shall be twenty per cent. of the expenditure in respect of which it is made, except that in any case where the grant mentioned in sub-paragraph (ii) of that paragraph would by virtue of section 1(6) or 2(2) of this Act have been at the rate of forty per cent. the amount shall be forty per cent. of the said expenditure; and

(b) the amount of any grant made by virtue of paragraph (b) of subsection (2) of this section shall be twenty per cent. of the expenditure in respect of which it is made.

(4) In this section references to hiring do not include references to hiring under a hire-purchase agreement.

(5) Where an asset has been hired out to a person before the commencement of this Act, approved capital expenditure shall be deemed for the purposes of subsection (2)(a)(ii) of this section to have been incurred by him on the date on which he took possession of the asset or on 17th January 1966, whichever is the later.

Textual Amendments

F4 Words substituted by virtue of S.I. 1969/1498, arts. 3(1), 5(b) Sch. 1 para. 4 and 1970/1537, arts. 2(2), 7(4)

5 Ships. U.K.

(1) Subject to the provisions of this section, the [F5 Secretary of State] may make to any person carrying on a business in Great Britain a grant towards approved capital expenditure incurred by that person in providing a new ship for use, whether or not in Great Britain, for the purposes of that business or in converting a ship for such use.

(2) Subject to the provisions of this section, the [F5 Secretary of State] may make to any person carrying on a business in Great Britain a grant towards approved capital expenditure incurred by that person in providing a new part for a ship which is or is to be used as mentioned in subsection (1) of this section.

(3) No grant shall be made under this section in respect of a ship, or of the provision of a part for a ship, which—

(a) is not registered in the United Kingdom under Part I of the M2 Merchant Shipping Act 1894; or

(b) is of less than one hundred tons gross tonnage or is not self-propelled;

and no such grant shall be made in respect of a ship, or of the provision of a part for a ship, which is or is to be used for sea fishing.

(4) No grant shall be made under this section to—

(a) an individual who is not both a citizen of the United Kingdom and Colonies and ordinarily resident in Great Britain;

(b) a body corporate which is not incorporated and resident in Great Britain.

(5) A grant may be made under this section in respect of a ship under construction if it appears to the [F5 Secretary of State] that the requirements of the foregoing provisions of this section will be satisfied as respects that ship when it is completed.

(6) Subject to any order under section 7 of this Act, the amount of any grant under this section shall be twenty per cent. of the expenditure in respect of which it is made.

(7) The reference in subsection (1) of this section to providing a ship does not include a reference to providing it by chartering it from another person.

Textual Amendments

F5 Words substituted by virtue of S.I. 1969/1498, arts. 3(1), 5(b) Sch. 1 para. 4 and 1970/1537, arts. 2(2), 7(4)

Modifications etc. (not altering text)

C2 S. 5(1) amended by Industrial Development (Ships) Act 1970 (c. 2), s. 1

Marginal Citations

M2 1894 c. 60.

6 Mining works. U.K.

(1) Subject to the provisions of this section, the [F6 Secretary of State] may make to any person carrying on a business in Great Britain a grant towards approved capital expenditure incurred by that person in providing works in Great Britain for use for the carrying on in the course of that business of any process for or incidental to the searching for, or the extracting or getting of, coal, oil or other minerals, brine, peat or natural gas.

(2) Works provided in any area designated under section 1(7) of the M3 Continental Shelf Act 1964 shall be treated for the purposes of this section as provided in Great Britain.

(3) Subject to any order under section 7 of this Act, the amount of any grant under this section shall be twenty per cent. of the expenditure in respect of which it is made, except that it shall be forty per cent. of the said expenditure so far as it qualifies as development area expenditure in accordance with Schedule 1 to this Act.

(4) No grant shall be made under this section to any of the bodies mentioned in Schedule 2 to this Act.

(5) The reference in subsection (1) of this section to providing works does not include a reference to providing works by leasing them from another person.

Textual Amendments

F6 Words substituted by virtue of S.I. 1969/1498, arts. 3(1), 5(b) Sch. 1 para. 4 and 1970/1537, arts. 2(2), 7(4)

Marginal Citations

M3 1964 c. 29.

7 Power to vary rates of grant and add further assets eligible for grant. U.K.

(1) The [F7 Secretary of State] may by an order made with the consent of the Treasury—

(a) vary the rates at which grant is payable under any of the foregoing provisions of this Part of this Act, either in relation to all assets to which that provision applies or in relation to any class or description of such assets;

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

(3) An order under this section may specify the assets to which it applies by reference to the nature of the assets or the place where, or the purpose for which, they are or are to be used, and may make different provision in relation to assets of different classes or descriptions.

(4) An order under this section may contain such incidental and supplementary provisions as appear to the [F7 Secretary of State] to be appropriate, including provisions making consequential modifications of any reference in this Act to a rate of grant and provisions relating to the expenditure as respects which the order is to have effect.

(5) The power to make an order under this section shall include power to vary or revoke any such order by a subsequent order and shall be exercisable by statutory instrument.

(6) An order under this section shall cease to have effect at the end of the period of twenty-eight days beginning with the day on which the order is made (but without prejudice to anything previously done under the order or to the making of a new order) unless before the end of that period the order is approved by a resolution of each House of Parliament.

(7) In reckoning any period for the purposes of the last foregoing subsection, no account shall be taken of any time during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than four days.

Textual Amendments

F7 Words substituted by virtue of S.I. 1969/1498, arts. 3(1), 5(b) Sch. 1 para. 4 and 1970/1537, arts. 2(2), 7(4)

F8 S. 7(1)(b) repealed by Investment and Building Grants Act 1971 (c. 51) s. 1(8)

F9 S. 7(2) repealed by Investment and Building Grants Act 1971 (c. 51), s. 1(8)

8 Conditions. U.K.

(1) In making a grant under this Part of this Act in respect of any asset the [F10 Secretary of State] shall impose such conditions as [F10 he thinks] fit for securing that the asset will continue to be used as required by the provision under which the grant is made and, where the grant is made under section 5, for restricting the chartering of the ship concerned; and such conditions may include conditions for repayment in specified circumstances.

(2) The [F10 Secretary of State] may by notice require any person who has received a grant under this Part of this Act, and any person acting on his behalf, to furnish to the [F10 Secretary of State] such information, or to produce for examination on behalf of the [F10 Secretary of State] such books, records or other documents, as may be specified in the notice for the purpose of enabling the [F10 Secretary of State] to determine whether any condition subject to which the grant is made is satisfied or is being complied with or whether the grant has become repayable in whole or in part in accordance with any such condition.

(3) A notice under the last foregoing subsection may require the information to which it relates to be furnished within such time as may be specified in the notice, and may require the documents to which it relates to be produced at such time and place as may be so specified:

Provided that the time specified in such a notice for furnishing any information or producing any document shall not be earlier than the end of the period of twenty-eight days beginning with the service of the notice.

(4) A notice under subsection (2) of this section may be served—

(a) by delivering it to the person on whom it is to be served;

(b) by leaving it at the usual or last known place of abode of that person;

(c) by sending it in a prepaid registered letter, or by the recorded delivery service, addressed to that person at his usual or last known place of abode; or

(d) in the case of an incorporated company or body, by delivering it to the secretary or clerk of the company or body at their registered or principal office, or sending it in a prepaid registered letter, or by the recorded delivery service, addressed to the secretary or clerk of the company or body at that office.

(5) Any person duly authorised in that behalf by the [F10 Secretary of State] may for the purposes mentioned in subsection (2) of this section, on production (if so required) of written evidence of his authority, at all reasonable times enter and inspect any premises where any asset in respect of which a grant under this Part of this Act has been made is, or in accordance with any condition attached to the grant should be, and require any person appearing to him to have charge of those premises to produce or identify the asset for inspection.

(6) Any person who in purported compliance with a notice under subsection (2) of this section knowingly or recklessly makes any statement or produces any document which is false in a material particular shall be guilty of an offence and liable on summary conviction to a fine not exceeding one hundred pounds, or to imprisonment for a term not exceeding three months, or to both, or on conviction on indictment to a fine, or to imprisonment for a term not exceeding two years, or to both.

(7) Any person who without reasonable excuse fails to comply with a notice under subsection (2) of this section shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F11 level 4 on the standard scale] or, on a second or subsequent conviction, [F11 level 4 on the standard scale].

(8) Any person who wilfully obstructs any person in the exercise of a right of entry under subsection (5) of this section, or without reasonable excuse fails to comply with a requirement under that subsection, shall be guilty of an offence and liable on summary conviction to a fine not exceeding [F12 level 3 on the standard scale].

(9) Any person who without reasonable excuse fails to comply with any condition subject to which a grant was made to him under this Part of this Act requiring him to inform the Board of any event whereby the grant becomes repayable in whole or in part shall be guilty of an offence and liable—

(a) on summary conviction, to a fine not exceeding three hundred pounds;

(b) on conviction on indictment, to a fine not exceeding one thousand pounds or three times the amount so repayable, whichever is the greater.

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F13

(11) Summary proceedings in Scotland for an offence under subsection (9) of this section shall not be commenced after the expiration of three years from the commission of the offence, but subject to the foregoing limitation and notwithstanding anything in [F14 section 331 of the M4 Criminal Procedure (Scotland) Act 1975], such proceedings may be commenced at any time within twelve months after the date on which evidence sufficient in the opinion of the Lord Advocate to justify the proceedings comes to his knowledge or, where such evidence was reported to him by the Board, within twelve months after the date on which it came to their knowledge; and [F14 subsection (3) of the said section 331] shall apply for the purposes of this subsection as it applies for the purposes of that section.

(12) For the purposes of subsections (10) and (11) of this section, a certificate of the [F10 Secretary of State], [F15 the Director of Public Prosecutions] or the Lord Advocate, as the case may be, as to the date on which such evidence as aforesaid came to their or his knowledge shall be conclusive evidence of that fact.

Textual Amendments

F10 Words substituted by virtue of S.I. 1969/1498, arts. 3(1), 5(b) Sch. 1 para. 4 and 1970/1537, arts. 2(2), 7(4)

F11 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1) ss. 289F, 289G

F12 Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) by 1984/703 (N.I. 3), arts. 5, 6

F13 S. 8(10) repealed by Criminal Law Act 1977 (c. 45), Sch. 13

F14 Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 460(1)(b)

F15 Words repealed (E.W.) by Prosecution of Offences Act 1985 (c. 23, SIF 39:1), s. 31(6), Sch. 2

Modifications etc. (not altering text)

C3 S. 8(7): Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 35 (in relation to liability on first and subsequent convictions), 38 (increase of fines) and 46 (substitution of references to levels on the standard scale) apply (E.W.) and (N.I.) S.I. 1984/703 (N.I. 3), arts. 5 (substitution of references to levels on the standard scale), 6 (increase of fines) and 9 (in relation to liability on first and subsequent convictions) apply

Marginal Citations

M4 1975 c. 21.

9 F16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F16 S. 9 repealed by Theft Act 1968 (c. 60), Sch. 3 Pt. I

10 Offences by bodies corporate. U.K.

(1) Where an offence under this Part of this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any 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.

(2) In the foregoing subsection “director”, in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.

11, 12. F17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F17 Ss. 11, 12 repealed by Investment and Building Grants Act 1971 (c. 51), s. 1(8)

13 Interpretation and supplementary provisions. U.K.

(1) In this Part of this Act—

• “approved capital expenditure” in relation to any grant means expenditure appearing to the [F18 Secretary of State] to be of a capital nature and approved by them for the purposes of the grant;

• “article” means an article of any description (including any means of transport) and includes part of an article;

• “asset” includes any such works as are mentioned in section 6 of this Act;

• “business” includes a trade or profession but does not include the activities of—

  (a)

  a local authority as defined in [F19 section 52 of the M5 Finance Act 1974;]

  (b)

  the development corporation established for a new town or the Commission for the New Towns;

  (c)

  a university, school or other establishment of education;

  and references to a person carrying on a business include, except where the context otherwise requires, references to a person proposing to carry on a business;

• “computer” means—

  (a)

  a stored programme digital computer, or

  (b)

  an analogue computer,

  used for automatic data processing and includes part of such a computer;

• “expenditure” in relation to the provision by a person of an asset includes—

  (a)

  except where the context otherwise requires, expenditure on or incidental to the installation of the asset;

  (b)

  expenditure consisting of instalments under a hire-purchase agreement or otherwise consisting of instalments of or payments towards the purchase price of, or cost of providing, the asset; and

  (c)

  where the asset is provided by being manufactured or constructed by that person, such sum as appears to the [F18 Secretary of State] to be properly attributable to its provision by him in that manner;

• “hire-purchase agreement” has the same meaning as in the M6 Hire-Purchase Act 1965 or, as the case may be, the M7 Hire-Purchase (Scotland) Act 1965;

• “hover vehicle” means [F20 a hovercraft within the meaning of the M8 Hovercraft Act 1968 and includes part of such a hovercraft;]

• “machinery or plant” includes part of any machinery or plant but does not include a computer, ship or aircraft or any vehicle except—

  (a)

  a vehicle constructed or adapted for the conveyance of a machine incorporated in or permanently attached to it and of no other load except articles used for the purposes of the machine;

  (b)

  a vehicle constructed or adapted for the conveyance or haulage of loads in or about private premises, including the site of building or civil engineering operations;

• “new” means unused and not second-hand, except that the Board may treat as new anything which has been substantially reconditioned;

• “scientific research” means any activity in the fields of natural or applied science for the extension of knowledge;

• “ship” includes any vessel used in navigation.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F21

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F22

(4) For the purposes of this Part of this Act and of Schedule 1 to this Act, expenditure shall be treated as incurred at the time when the sums of which it consists become payable.

(5) A grant may be made under this Part of this Act in respect of any expenditure incurred on or after 17th January 1966 and of any expenditure incurred before that date so far as it consists of a sum paid after that date.

(6) For the purposes of the two last foregoing subsections, expenditure which does not consist of a sum payable or paid to another person shall be deemed to consist of a sum payable or, as the case may be, paid at such time as the Board consider appropriate having regard to the time when the matters giving rise to that expenditure occurred.

Textual Amendments

F18 Words substituted by virtue of S.I. 1969/1498, arts. 3(1), 5(b) Sch. 1 para. 4 and 1970/1537, arts. 2(2), 7(4)

F19 Words substituted by virtue of Interpretation Act 1889 (c. 63), s. 38(1)

F20 Words substituted by Hovercraft Act 1968 (c. 59), Sch. para. 7

F21 S. 13(2) repealed by Post Office Act 1969 (c. 48), Sch. 11 Pt. II

F22 S. 13(3) repealed by Industrial Expansion Act 1968 (c. 32), Sch. 4

Marginal Citations

M5 1974 c. 30.

M6 1965 c. 66.

M7 1965 c. 67.

M8 1968 c. 59.

14 F23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

Textual Amendments

F23 S. 14 repealed by Northern Ireland Constitution Act 1973 (c. 36), Sch. 6 Pt. I

Part II E+W+S Powers in respect of Development Areas

15 F24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F24 S. 15 repealed by Local Employment Act 1972 (c. 5), Sch. 4

16 Ending of grants for machinery and plant. E+W+S

(1), (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25

(3) Where a grant has been made under the said section 1 in respect of any machinery or plant, the amount of any grant at the development area rate subsequently made in respect thereof under Part I of this Act shall be reduced by the amount of the grant under the said section 1; . . . F26 .

(4) In the last foregoing subsection “the development area rate” means the rate of forty per cent. specified in section 1(6) or 2(2) of this Act or the rate for the time being substituted for it by an order under section 7 of this Act.

Textual Amendments

F25 S. 16(1)(2) repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. VIII

F26 Words repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. VIII

17 F27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F27 S. 17 repealed by Investment and Building Grants Act 1971 (c. 51), s. 2(9)

18, 19. F28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F28 Ss. 18, 19 repealed by Local Employment Act 1972 (c. 5), Sch. 4

20, 21. F29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F29 Ss. 20, 21 repealed by Statute Law (Repeals) Act 1978 (c. 45), Sch. 1 Pt. VIII

Part III E+W+S

22—27. F30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F30 Ss. 22–27 repealed by (E.W.) Town and Country Planning Act 1971 (c. 78), Sch. 25 and (S.) Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 23

Part IV E+W+S Miscellaneous and Supplementary

28 F31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W+S

Textual Amendments

F31 S. 28 repealed by Sea Fisheries Act 1968 (c. 77), Sch. 2 Pt. I

29 Exemption from building control in development area E+W+S

For section 4 of the M9 Building Control Act 1966 (exemption for development districts) there shall be substituted the section set out in Part I of Schedule 3 to this Act (which provides for the exemption to have effect in relation to development areas constituted under this Act).

Modifications etc. (not altering text)

C4 The text of s. 29 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M9 1966 c. 27.

30 Financial provisions. E+W+S

(1) Any expenses incurred by any government department under or by virtue of this Act shall be defrayed out of moneys provided by Parliament, and any receipts of any government department under or by virtue of this Act shall be paid into the Exchequer.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F32

Textual Amendments

F32 S. 30(2) repealed by Post Office Act 1969 (c. 48), Sch. 11 Pt. II

31 Short title, citation, amendments and repeals, interpretation, commencement and extent. E+W+S

(1) This Act may be cited as the Industrial Development Act 1966.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F34

(4) The enactments mentioned in Parts II and III of Schedule 3 to this Act shall have effect subject to the amendments there specified, being amendments consequential on Parts II and III of this Act; . . . F35

(5) Except where the context otherwise requires, any reference in this Act to any enactment shall be construed as a reference to that enactment as amended, and as including a reference thereto as extended or applied, by any other enactment including an enactment contained in this Act.

(6) This Act shall come into force at the expiration of the period of seven days beginning with the day on which it is passed.

(7) The following provisions, that is to say—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36 the. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36 provisions of Part I so far as they relate to grants made by virtue of any order making such provision as is mentioned in section 7(2);. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F37

shall extend to Northern Ireland but, save as aforesaid, this Act shall not extend to Northern Ireland.

Textual Amendments

F33 S. 31(2) repealed by Local Employment Act 1972 (c. 5), Sch. 4

F34 S. 31(3) repealed by (E.W.) Town and Country Planning Act 1971 (c. 78), Sch. 25 and (S.) Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 23

F35 Words repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI

F36 Words repealed by Northern Ireland Constitution Act 1973 (c. 36) Sch. 6 Pt. I

F37 S. 31(7)(b) and word “and” immediately preceding it repealed by House of Commons Disqualification Act 1975 (c. 24), Sch. 3 and Northern Ireland Assembly Disqualification Act 1975 (c. 25), Sch. 3 Pt. I

Modifications etc. (not altering text)

C5 The text of s. 31(4) 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.

SCHEDULES

Sections 1(6), 2(2) and 6(3).

SCHEDULE 1 U.K. Investment Grants: Development Area Expenditure

1 Subject to the following provisions of this Schedule, the following expenditure on the provision of machinery or plant or of a computer (in this paragraph referred to as “equipment”) qualifies as development area expenditure—

(a) expenditure in respect of equipment provided for use in an area which is a development area at the time when the expenditure is incurred;

(b) expenditure in respect of equipment provided for use in an area which has at that time ceased to be a development area if it is provided under a contract entered into, or for the purposes of a project undertaken, while the area was a development area.

2 Expenditure on the production of a prototype qualifies as development area expenditure if, and only if, the [F38 Secretary of State is] satisfied that the prototype is being or was produced in a development area or ought to be treated as so produced.

Textual Amendments

F38 Words substituted by virtue of S.I. 1969/1498, arts. 3(1), 5(b) Sch. 1 para. 4 and 1970/1537, arts. 2(2), 7(4)

3 Expenditure on the provision of a computer provided for integration with machinery or plant as mentioned in section 2(2)(a) of this Act does not qualify as development area expenditure unless—

(a) the machinery or plant is or is to be used in an area which is a development area at the time when the expenditure is incurred; or

(b) the machinery or plant is or is to be used in an area which was a development area at the time when a contract for the provision of the computer was entered into; or

(c) the machinery or plant is or is to be used in an area which has ceased to be a development area and was provided for use in that area under a contract entered into, or for the purposes of a project undertaken, while the area was a development area.

4 The following expenditure on the provision of works qualifies as development area expenditure—

(a) expenditure in respect of works provided in an area which is a development area at the time when the expenditure is incurred;

(b) expenditure in respect of works provided in an area which has at that time ceased to be a development area if the works are provided under a contract entered into, or for the purposes of a project undertaken, while the area was a development area.

5 (1) In this Schedule “development area” means, without prejudice to sub-paragraph (2) of this paragraph, any area for the time being specified as such [F39 by an order made or having effect under section 1 of the M10 Local Employment Act 1972], . . . F40

(2) In relation to the provision of an asset before the date of the commencement of this Act, any reference in this Schedule to a development area shall be construed as including a reference to any area which becomes a development area on that date and to any locality outside that area which on that date falls to be treated as if it were included in that area for the purposes of Part II of this Act.

Textual Amendments

F39 Words substituted by Local Employment Act 1972 (c. 5), Sch. 3

F40 Words repealed by Industry Act 1972 (c. 63), Sch. 4 Pt. I

Marginal Citations

M10 1972 c. 5.

6 For the purposes of this Schedule an asset shall be treated as provided for use in an area if, and only if, the [F41 Secretary of State is] satisfied that it is so provided and will continue to be used in that area; and an asset provided in, or for use in, an area which has ceased to be a development area shall be treated as provided for the purposes of a project undertaken while that area was a development area if, and only if, the [F41 Secretary of State is] satisfied that the following conditions are complied with in respect thereof, that is to say—

(a) that its provision is required for the execution of the project; and

(b) that other assets required for use in that area for the execution of the project have been provided or contracted for at a time when the area was a development area; and

(c) that the assets so provided or contracted for form a substantial proportion of the assets required for the execution of the project.

Textual Amendments

F41 Words substituted by virtue of S.I. 1969/1498, arts. 3(1), 5(b) Sch. 1 para. 4 and 1970/1537, arts. 2(2), 7(4)

Sections 1(7) and 6(4).

SCHEDULE 2 U.K. Bodies not Eligible for Certain Grants

Modifications etc. (not altering text)

C6 Gas Council now known as British Gas Corporation and property, rights, liabilities and obligations of Area Gas Boards now vested in Corporation: Gas Act 1972 (c. 60), s. 1(1)

The British Railways Board.

. . . F42

Textual Amendments

F42 Words repealed by Transport (London) Act 1969 (c. 35), Sch. 3 para. 9(2)(b), Sch. 6

The British Transport Docks Board.

The British Waterways Board.

[F43 . . . F44 ]

Textual Amendments

F43 Words inserted by by Transport Act 1968 (c. 73), Sch. 16 para. 10

F44 Entry relating to the National Freight Corporation repealed by Transport Act 1980 (c. 34, SIF 107:1), s. 69, Sch. 9 Pt. III

[F43 The National Bus Company.]

[F43 the Scottish Transport Group.]

The British Overseas Airways Corporation.

The British European Airways Corporation.

. . . F45

Textual Amendments

F45 Sch. 2: the entry relating to the British Airports Authority repealed by Airports Act 1986 (c. 31, SIF 9), s. 83(5), Sch. 6 Pt. I

. . . F46

Textual Amendments

F46 Words which were inserted by virtue of Civil Aviation Act 1982 (c. 16, SIF 9), s. 109(3), Sch. 15 para. 5 repealed by s. 109(3), Sch. 16 of that Act and S.I. 1983/1940, art. 2

[F47 The Civil Aviation Authority.]

Textual Amendments

F47 Words inserted by Civil Aviation Act 1971 (c. 75), Sch. 10 para. 15 and continued by Civil Aviation Act 1982 (c. 16, SIF 9), s. 109(3), Sch. 15 para. 5

The [F48 British Coal Corporation].

Textual Amendments

F48 Words substituted by Coal Industry Act 1987 (c. 3, SIF 86), s. 1(2), Sch. 1 para. 14

[F49 The Post Office.]

Textual Amendments

F49 Words inserted by Post Office Act 1969 (c. 48), Sch. 4 para. 82

. . . F50

Textual Amendments

F50 Entries relating to an Area Electricity Board, the North of Scotland Hydro Electric Board, the South of Scotland Electricity Board, the Central Electricity Generating Board and the Electricity Council repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

. . . F50

. . . F50

. . . F50

. . . F50

An Area Gas Board.

The Gas Council.

Sections 29 and 31.

SCHEDULE 3 E+W+S CONSEQUENTIAL AMENDMENTS AND REPAEALS

[F51 PART I S Section substituted for section 4 of the M11 Building Control Act 1966]

Textual Amendments

F51 Sch. 3 Pt. I repealed (E.W.) by Housing and Building Control Act 1984 (c. 29, SIF 61), s. 61, Sch. 12 Pt. I

Modifications etc. (not altering text)

C7 The text of Sch. 3 Pt. I 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 1966 c. 27.

Development areas S

4 (1) There shall be exempt from control under this Act any work done in the construction or alteration of a building or of any works done in a development area.

(2) There shall be exempt from control under this Act any work done in the construction or alteration of a building or of any works in a locality which has ceased to be a development area or a development district if—

(a) the construction or alteration was begun; or

(b) a contract for the work in question, or for other work in the construction or alteration, was made,

at a time when the locality was a development area or development district.

(3) Work shall not be exempt from control by virtue of paragraph (a) of subsection (2) of this section if the construction or alteration has been interupted for a continuous period of twelve months or more.

(4) Nothing in subsection (2) of this section shall be taken as conferring any exemption on work in respect of a building or any works by reason only that the construction of any ancillary works for the building or works in question was begun, or that a contract for work in the construction of such ancillary works was made, at such a time as is mentioned in that subsection; but where work was done in the construction or alteration of a building or of any works is exempt from control by virtue of that subsection shall also be exempt from control by virtue of that subsection any work done in the construction of any ancillary works required for that building or those works.

(5) In this section—

• “development area” means any locality at the material time specified as such under section 15 of the Industrial Development Act 1966 ;

• “development district” means any locality at the material time specified as such by notice in the Board of Trade Journal which has not been withdrawn by a further noticve in that Journal.

PART II E+W+S Amendments consequential on Parts II of this Act

Modifications etc. (not altering text)

C8 The text of Sch. 3 Pt. II 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.

. . . F52 E+W+S

Textual Amendments

F52 Entries repealed by Local Employment Act 1972 (c. 5), Sch. 4, Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 23, House of Commons Disqualification Act 1975 (c. 24), Sch. 3 and Northern Ireland Assembly Disqualification Act 1975 (c. 25), Sch. 3 Pt. I

The Highland and Islands Devlopment (Scotland) Act 1965 E+W+S

In section 5(5) for the word “Industrial Estates Management Corporation for Scotland” there shall be substituted the words “ Scottish Industrial Estates Corporation ”.

In section 13(6) for the words “Industrial Estates Management Corporation for Scotland” there shall be substituted the words “ Scottish Industrial Estates Corporation ”.

PART III E+W+S Amendments Consequential on Part III of this Act

[F53 The M12 Town and Country Planning (Scotland) Act 1947 E+W

Textual Amendments

F53 Sch. 3 Pt. III repealed (S.) by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 23

Marginal Citations

M12 1947 c. 53.

In section 113, in the definition of “industrial building”, there shall be added at the end the words “ as extended by section 25 of the Industrial Development Act 1966 ”.]

[F54 The M13 Local Employment Act 1960] E+W

Textual Amendments

F54 Sch. 3 Pt. III repealed (S.) by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 23

Marginal Citations

M13 1960 c. 18

In section 16(1) after the words “prescribed classes” there shall be added the words “ or descriptions ”.

In section 18(1) after the words “prescribed classes” there shall be added the words “ or descriptions ”.

In section 18(2) after the words “the prescribed classes” there shall be added the words “ or descriptions ”, and for the words “the classes prescribed” there shall be substituted the words “ the classes or descriptions prescribed ”.

In section 19(1) after the words “prescribed classes” there shall be added the words “ or descriptions ”.

. . . F55 E+W+S

Textual Amendments

F55 Entry repealed (E.W.) by Town and Country Planning Act 1971 (c. 78), Sch. 25 and (S.) by Town and Country Planning (Scotland) Act 1972 (c. 52), Sch. 23

PART IV. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F56 E+W+S

Textual Amendments

F56 Sch. 3 Pt. IV repealed by Statute Law (Repeals) Act 1974 (c. 22), Sch. Pt. XI