http://www.legislation.gov.uk/ukpga/1969/51/schedulesDevelopment of Tourism Act 1969An Act to provide for the establishment of a British Tourist Authority and Tourist Boards for England, Scotland and Wales with responsibility for promoting the development of tourism to and within Great Britain; to provide for the giving of financial assistance out of public funds for the provision of new hotels and the extension, alteration and improvement of existing hotels; to enable provision to be made for the registration of hotels and other establishments at which sleeping accommodation is provided by way of trade or business and for securing that the prices charged there for such accommodation are brought to the notice of persons seeking to avail themselves of it; and for connected purposes.1978-11-30texttext/xmlenStatute Law Database2024-05-20Expert Participation2012-10-01
SCHEDULESSCHEDULE 1The Tourist BoardsSection 1. Incorporation and status1Each of the Tourist Boards (in this Schedule referred to as “the Board”) shall be a body corporate having perpetual succession and a common seal.2The Board shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown or as exempt from any tax, duty, levy or other charge whatsoever, and its property shall not be regarded as the property of, or property held on behalf of, the Crown. Membership3A member of the Board shall hold and vacate his office in accordance with the terms of his appointment.4Any member of the Board may at any time by notice in writing to the relevant Minister resign his office.51If the relevant Minister is satisfied that a member of the Board—ahas been absent from meetings of the Board for a period longer than three consecutive months without the permission of the Board; orbhas become bankrupt or made an arrangement with his creditors; orbahas had a debt relief order made in respect of him (under Part 7A of the Insolvency Act 1986); orcis incapacitated by physical or mental illness; ordis otherwise unable or unfit to discharge the functions of a member,the relevant Minister may declare his office as a member of the Board to be vacant and shall notify the fact in such manner as he thinks fit; and thereupon the office shall become vacant.2In the application of this paragraph to Scotland, for the references in the last foregoing sub-paragraph to a member’s having become bankrupt and to a member’s having made an arrangement with his creditors there shall be substituted respectively references to sequestration of a member’s estate having been awarded and to a member’s having made a trust deed for behoof of his creditors or a composition contract.3In this paragraph, references to a member of the Board do not, in so far assub-paragraph(1)(ba) applies, include persons who are members of VisitScotland. Remuneration6The Board shall pay to its members such salaries, fees or allowances as the relevant Minister may determine.7The Board shall, as regards any members in whose case the relevant Minister may so determine, make provision for, or pay to or in respect of them, such pensions or gratuities as may be so determined.8If a person ceases to be a member of the Board and it appears to the relevant Minister that there are special circumstances which make it right that that person should receive compensation, the Minister may require the Board to pay to that person a sum of such amount as the Minister may determine.9The relevant Minister shall, as soon as possible after the first appointment of any person as a member of the Board, lay before each House of Parliament a statement of the sums that are or will be payable to or in respect of that member under paragraph 6 of this Schedule; and if any subsequent determination by the relevant Minister under that paragraph involves a departure from the terms of that statement, or if the relevant Minister makes a determination under paragraph 7 or 8 of this Schedule, he shall, as soon as possible after the determination, lay a statement before each House of Parliament of the sums that are or will be payable in consequence of that determination. Staff10The Board may appoint such officers and servants as it may, with the consent of the relevant Minister as to numbers and remuneration, determine.11The Board shall, in the case of such of its officers and servants as the relevant Minister may determine, pay such pensions or gratuities to or in respect of them as may be so determined, make such payments towards the provision of such pensions or gratuities as may be so determined or provide and maintain such schemes (whether contributory or not) for the payment of such pensions or gratuities as may be so determined. Proceedings12The validity of any proceedings of the Board shall not be affected by any vacancy among the members or by any defect in the appointment of any member.13The quorum of the Board and the arrangements relating to meetings of the Board shall be such as the Board may determine.14A member of the Board who is in any way directly or indirectly interested in a transaction or project of the Board shall disclose the nature of his interest at a meeting of the Board; and the disclosure shall be recorded in the minutes of the Board, and the member shall not take any part in any deliberation or decision of the Board with respect to that transaction or project.15The fixing of the seal of the Board shall be authenticated by the signature of the secretary of the Board or of some other person authorised either generally or specially by the Board to act for that purpose.16Any document purporting to be a document duly executed under the seal of the Board shall be received in evidence and shall, unless the contrary is proved, be deemed to be a document so executed. Requirement of approval of Minister for the Civil Service17The approval of the Treasury shall be required for the making by the relevant Minister of any determination under paragraph 6, 7, 8 or 11 of this Schedule, for the imposition by him of any requirement under the said paragraph 8 and for the giving by him of any consent under paragraph 10 of this Schedule. Interpretation18In paragraphs 3 to 9 of this Schedule, references to a member of the Board do not include, in the case of the British Tourist Authority, references to persons who are members thereof by virtue of section 1(2)(b) of this Act.SCHEDULE 2 Enforcement of Conditions of GrantSections 3, 4 and 12. Power to call for information11A Tourist Board may by notice require any person who has received a grant from the Board under this Act, and any person acting on his behalf, to furnish to the Board such information, or to produce for examination on behalf of the Board such books, records or other documents, as may be specified in the notice for the purpose of enabling the Board to determine whether any condition subject to which the grant was 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.1ASub-paragraph (1) applies in relation to the National Assembly for Wales and any person who has received a grant from the Assembly (and any person acting on that person’s behalf) as it applies in relation to a Tourist Board and the corresponding persons.2A notice under this paragraph 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.3A notice under this paragraph may be served—aby delivering it to the person on whom it is to be served;bby leaving it at the usual or last known place of abode of that person;cby 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; ordin 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.4Any person who without reasonable excuse fails to comply with a notice under this paragraph shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100level 5 on the standard scale or, on a second or subsequent conviction, £400level 5 on the standard scale. Power to enter and inspect premises21Any person duly authorised in that behalf by a Tourist Boardor the National Assembly for Wales may, on production (if so required) of written evidence of his authority, at all reasonable times enter and inspect any premises in relation to which a grant has been made by the Boardor (as the case may be) the Assembly under this Act for the purpose of determining whether any condition subject to which the grant was 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.2Any person who wilfully obstructs any person in the exercise of a right of entry conferred by this paragraph shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.Failure to comply with condition requiring notification of event on which grant becomes repayable31Any person who without reasonable excuse fails to comply with any condition subject to which a grant was made to him under this Act requiring him to inform a Tourist Boardor the National Assembly for Wales of any event whereby the grant becomes repayable in whole or in part shall be guilty of an offence and liable to a fine which, if imposed on summary conviction, shall not exceed level 5 on the standard scale.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3Summary proceedings in Scotland for an offence under this paragraph 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 section 331 of the 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; and subsection (3) of the said section 331 shall apply for the purposes of this sub-paragraph as it applies for the purposes of that section.4For the purposes of sub-paragraphs . . . (3) of this paragraph, a certificate of . . . the Lord Advocate, . . . , as to the date on which such evidence as aforesaid came to his knowledge shall be conclusive evidence of that fact. Offences by bodies corporate41Where an offence under this Schedule 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.2In this paragraph “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 undertaking or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body.SCHEDULE 3<CommentaryRef Ref="c751496"/>. . .
SCHEDULE 4<CommentaryRef Ref="c751497"/>. . . Interpretation11In this Schedule—“lease” includes a sublease and an agreement for a lease or sublease and references to the grant of a lease shall be construed accordingly;“transferred” includes transferred by operation of law;and references to the occupier or a lessor of a hotel and to the relevant time shall be construed in the same manner as in section 10 of this Act.2Where by virtue of this Schedule expenditure is treated as if it had been incurred by any person it shall be treated as incurred by him to the exclusion of anyone else. Expenditure incurred by predecessor in title of occupier or lessor2Subject to paragraph 3 of this Schedule, where—aa person has incurred expenditure eligible for a grant under Part II of this Act in respect of a hotel; andbafter the execution of the work which gave rise to the expenditure but before the relevant time his interest in the hotel has been directly or indirectly transferred to a person who at that time is the occupier or a lessor of the hotel,the expenditure shall be treated, for the purposes of the grant, as if it had been incurred by the person (whether the occupier or a lessor) in whom the interest is vested at the relevant time. Expenditure incurred by lessor31This paragraph applies where expenditure eligible for a grant under Part II of this Act has been incurred, or would (but for this paragraph) be treated under paragraph 2 of this Schedule as if it had been incurred, by a person who at the relevant time is a lessor (in this paragraph referred to as “the relevant lessor”) of the hotel in respect of which the expenditure was incurred.2The expenditure shall be treated, for the purposes of the grant, as if it had been incurred by any person (whether the occupier of the hotel at the relevant time or, if he holds indirectly under the relevant lessor, an intermediate lessor) in whose case the following requirements are satisfied, that is to say—athat he (and each intermediate lessor, if any, between himself and the relevant lessor) holds under a lease which—ibegan after the execution of the work which gave rise to the expenditure; andiiwas granted for a consideration which consisted of or included a capital sum of an amount not less than the amount of that expenditure; andbin the case of an intermediate lessor, that the expenditure cannot by virtue of the foregoing provisions of this paragraph be treated as if it had been incurred by a person holding under him.3In the application of the foregoing provisions of this paragraph to a relevant lessor who himself holds under a lease the expenditure mentioned in sub-paragraph (2)(a)(ii) shall include any expenditure which would be treated under those provisions as if it had been incurred by the relevant lessor if he were himself the occupier of the hotel at the relevant time.Sch. 1 para. 17: certain functions continued (1.7.1999) by S.I. 1999/672, art. 2, Sch. 1Words substituted by virtue of S.I. 1981/1670, arts. 2, 3(5)Para. 1(4): 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.)
“level 5 on the standard scale" substituted (S.) for “£100" and “£400" in each case by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289E–289GWords substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289GWords substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289GSch. 2 para. 3(2) repealed by Criminal Law Act 1977 (c. 45), Sch. 13Words substituted by virtue of Criminal Procedure (Scotland) Act 1975 (c. 21), s. 460(1)(b)1975 c. 21. Words repealed by Criminal Law Act 1977 (c. 45), Sch. 13Sch. 3 repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 3Sch. 4 repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. IV Group 3Sch. 2 para. 1(1A) added (E.W.) (23.11.2005) by Wales Tourist Board (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3225), art. 1(1), Sch. 1 para. 7(1) (with art. 3(1))Words in Sch. 2 para. 2(1) inserted (E.W.) (23.11.2005) by Wales Tourist Board (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3225), art. 1(1), Sch. 1 para. 7(2) (with art. 3(1))Words in Sch. 2 para. 3(1) inserted (E.W.) (23.11.2005) by Wales Tourist Board (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005 (S.I. 2005/3225), art. 1(1), Sch. 1 para. 7(3) (with art. 3(1))Sch. 1 para. 5(3) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 4(3) (with art. 5)Sch. 1 para. 5(1)(ba) inserted (1.10.2012) by The Tribunals, Courts and Enforcement Act 2007 (Consequential Amendments) Order 2012 (S.I. 2012/2404), art. 1, Sch. 2 para. 4(2) (with art. 5)