Biological Standards Act 1975 (repealed)

Biological Standards Act 1975

1975 CHAPTER 4

An Act to establish a body corporate having functions relating to the establishment of standards for, the provision of standard preparations of, and the testing of biological substances; to provide for the transfer of certain property, rights, liabilities and obligations from the Medical Research Council to the Secretary of State for Social Services; and for connected purposes.

[25th February 1975]

1 Establishment and functions of the Board. U.K.

(1) There shall be a body corporate to be called the National Biological Standards Board.

(2) The Board shall perform such functions as the Ministers may from time to time by order specify in relation to the establishment of standards for, the provision of standard preparations of, and the testing of biological substances.

(3) The Board shall in the performance of its functions comply with any directions given to it by the Ministers.

2 General provisions about the Board. U.K.

(1) The Board shall consist of members appointed by the Ministers, and their number shall be such as the Ministers think fit.

(2) The Ministers shall appoint one of the members of the Board to be its chairman.

(3) Any land occupied by the Board shall be deemed for the purpose of any rate on property to be property occupied by or on behalf of the Crown for public purposes.

(4) The Board shall be entitled to exemption from income tax and corporation tax—

[F1 (a) under Chapter 3 of Part 3 of the Income Tax (Trading and Other Income) Act 2005 (“ ITTOIA 2005”) in respect of the profits of a UK property business or under Schedule A; ]

(b) [F2 under the provisions of ITTOIA 2005 specified in subsection (4A) in respect of the income charged under those provisions received by the Board or] under Schedule D in respect of any yearly interest or other annual payment received by the Board;

(c) [F3 under Chapter 3 of Part 4 of ITTOIA 2005 (dividends etc. from UK resident companies etc.)] in respect of distributions received by the Board; and

(d) in respect of chargeable gains.

[F4 (4A) The provisions are—

(a) Chapter 2 of Part 4 (interest) so far as the income is yearly interest or public revenue dividends (as defined in section 505(1A) of the Income and Corporation Taxes Act 1988),

(b) Chapter 7 of that Part (purchased life annuity payments),

(c) Chapter 10 of that Part (distributions from unauthorised unit trusts),

(d) Chapter 13 of that Part (sales of foreign dividend coupons) so far as the income arises from foreign holdings within section 571(1)(a) (meaning of “foreign holdings” in that Chapter),

(e) Chapter 2 of Part 5, so far as it relates to annual payments (receipts from intellectual property),

(f) Chapter 4 of that Part, so far as it relates to annual payments (certain telecommunication rights: non-trading income), and

(g) Chapter 7 of that Part (annual payments not otherwise charged).]

(5) The Schedule to this Act shall have effect with respect to the Board.

Textual Amendments

F1 S. 2(4)(a) substituted (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 390(2)(a) (with Sch. 2)

F2 Words in s. 2(4)(b) inserted (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 390(2)(b) (with Sch. 2)

F3 Words in s. 2(4)(c) substituted (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 390(2)(c) (with Sch. 2)

F4 S. 2(4A) inserted (6.4.2005) by Income Tax (Trading and Other Income) Act 2005 (c. 5), s. 883(1), Sch. 1 para. 390(3) (with Sch. 2)

3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5 U.K.

Textual Amendments

F5 S. 3 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. XI

4 Financial provisions. U.K.

(1) The Secretary of State shall pay to the Board, out of moneys provided by Parliament, such sums as may be necessary to defray the expenditure of the Board incurred with his approval, so far as that expenditure is not met out of fees received by the Board for services rendered by it or out of other income of the Board.

(2) Any sums received by the Board shall be applied by the Board in such manner as the Secretary of State may, with the approval of the Treasury, direct; and any such direction may require the whole or any part of those sums to be paid into the Consolidated Fund.

(3) The Board shall keep proper accounts and other records and shall prepare in respect of each accounting year statements of account in such form as the Secretary of State may, with the approval of the Treasury, direct.

(4) Statements of account prepared by the Board in accordance with subsection (3) above shall be submitted to the Secretary of State on or before 30th September next following the end of the accounting year to which they relate, and shall be transmitted by him to the Comptroller and Auditor General, who shall examine, certify and report on the statements and lay copies of them and of his report before Parliament.

F6 5 Restrictions on disclosure of information. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 S. 5 repealed (1.1.2005) by Freedom of Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information) Order 2004 (S.I. 2004/3363), arts. 1, 6

F7 6 Amendments. U.K.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 S. 6 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 7

7 Orders. U.K.

(1) A power conferred by any of the preceding provisions of this Act to make orders shall include a power to vary or revoke an order previously made under that provision.

(2) Any power to make orders under this Act shall be exercisable by statutory instrument.

8 Interpretation. U.K.

In this Act—

• “accounting year” means any period of twelve months ending with 31st March F8 ...;

• “biological substances” means substances whose purity or potency cannot, in the opinion of the Secretary of State, be adequately tested by chemical means;

• “the Board” means the National Biological Standards Board;

• “the Ministers” means the Secretary of State and the Head of the Department of Health and Social Services for Northern Ireland acting jointly.

Textual Amendments

F8 Words in s. 8 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 7

9 Short title, commencement and extent. U.K.

(1) This Act may be cited as the Biological Standards Act 1975.

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

(3) This Act extends to Northern Ireland.

Textual Amendments

F9 S. 9(2) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), Sch. 1 Pt. 17 Group 7

Modifications etc. (not altering text)

C1 1.7.1976 appointed under s. 9(2) by S.I. 1976/885

SCHEDULE U.K. THE NATIONAL BIOLOGICAL STANDARDS BOARD

Members U.K.

1 U.K. A person may at any time resign his office as a member or as chairman of the Board, but otherwise shall hold and vacate office in accordance with the terms of his appointment.

2 U.K. The Board shall pay to its members such remuneration and allowances (if any) as the Secretary of State may with the approval of the Minister for the Civil Service determine.

Proceedings and instruments U.K.

3 U.K. The quorum of the Board and the arrangements relating to its meetings shall be such as the Board may determine.

4 U.K. The validity of any proceedings of the Board shall not be affected by any defect in the appointment of a member or of the chairman of the Board, or by a vacancy in the office of chairman.

5 U.K. A document purporting to be duly executed under the seal of the Board or to be signed on behalf of the Board shall be received in evidence and shall be deemed to be so executed or signed unless the contrary is proved.

Staff U.K.

6 (1) In determining the matters mentioned in sub-paragraph (2) below the Board shall act only with the approval of the Secretary of State and the Minister for the Civil Service. U.K.

(2) The matters referred to in sub-paragraph (1) above are—

(a) the terms on which persons are employed by the Board;

(b) the pensions, allowances and gratuities to be paid to or in respect of persons employed by the Board;

(c) the payments to be made by the Board towards the provision of such pensions, allowances and gratuities;

(d) the provision and maintenance of schemes (whether contributory or not) for the payment of such pensions, allowances and gratuities.