Statutory Corporations (Financial Provisions) Act 1975

1975 c.55

An Act to provide further (by extending section 2 of the Statutory Corporations (Financial Provisions) Act 1974) for compensating certain nationalised industries for their losses due to price restraint; and to make other provision with respect to finance and administration in the public sector.

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5 Miscellaneous provisions as to borrowing in public sector.

1

In the case of any of the bodies corporate specified in Schedule 2 to this Act, its power to borrow money in a currency other than sterling shall not be subject to any statutory restriction as to the persons from whom, or the terms on which, it may borrow; but the power shall be exercisable only with the consent of the Secretary of State and that consent shall require the Treasury’s approval.

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6 Consultative and Consumers’ Councils (electricity and gas).

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F62

Part II of that Schedule has effect for the amendment of Schedule 3 to the M1Gas Act 1972 in respect of various financial and administrative matters concerning the National and Regional Gas Consumers’ Councils.

3

Payments under Part I of Schedule 3 to this Act to or in respect of the chairman of the Councils there mentioned, and also payments under paragraph 1 of Schedule 3 to the M2Gas Act 1972—

a

in respect of remuneration of the chairman of any of the Consumers’ Councils mentioned in that Schedule; or

b

in respect of the chairman’s pension or otherwise under paragraph 1(3) of that Schedule,

shall be made by the Secretary of State out of money provided by Parliament; and any expenditure incurred by the Secretary of State in providing funds to Councils under Part I of Schedule 3 to this Act, or under Schedule 3 to the M3Gas Act 1972, or otherwise under those Schedules, shall be defrayed out of money so provided.

C17 Supplementary provisions.

1

The enactments specified in Schedule 4 to this Act shall have effect with the amendments there specified, being amendments required in consequence of this Act and other minor amendments.

2

The enactments specified in Schedule 5 to this Act (which include certain spent provisions and minor provisions which are no longer required) are hereby repealed to the extent specified in the third column of that Schedule.

3

Except in so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended or extended by any other enactment, including this Act.

Annotations:
Modifications etc. (not altering text)
C1

The text of s. 7(1)(2); Sch. 4 paras. 2, 4; Sch. 5 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.

8 Citation.

This Act may be cited as the Statutory Corporations (Financial Provisions) Act 1975.

SCHEDULES

SCHEDULE 1 . . . F7

Annotations:
Amendments (Textual)

SCHEDULE 2 Bodies corporate affected by section 5 as to their Power to borrow in Currencies other than Sterling

Section 5(1).

Annotations:
Amendments (Textual)

. . . F17

The Housing Corporation.

F18Housing for Wales

. . . F19

The F20British Coal Corporation.

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. . . F25

. . . F22

SCHEDULE 3 Consultative and Consumers’ Councils

Section 6.

F8Part I Electricity Industry

Annotations:
Amendments (Textual)

The Councils concerned

1

This Part of this Schedule applies to the Consultative Councils established—

a

under section 7 of the M4Electricity Act 1947 for the areas of Area Boards; and

b

under section 7A of that Act, for the districts of the North of Scotland Hydro-Electric Board and the South of Scotland Electricity Board.

Council chairman

2

There shall be paid to the chairman of a Council such remuneration as the Secretary of State may determine; and in the case of a person remunerated under this paragraph there shall be no obligation to remunerate him also—

a

under paragraph 14 of Schedule 1 to the M5Hydro-Electric Development (Scotland) Act 1943, as a member of the North of Scotland Hydro-Electric Board or the South of Scotland Electricity Board; or

b

under section 3(6) of the M6Electricity Act 1947, as a member of the Area Board for the same area as that for which he is chairman of the Consultative Council.

3

If the Secretary of State so determines in the case of a person who has been remunerated under paragraph 2 above, he shall pay such pension to or in respect of that person, or make such payments towards the provision of such a pension, as he (the Secretary of State) may determine.

4

If a person in receipt of remuneration under that paragraph ceases to hold the office by virtue of which he receives it, and it appears to the Secretary of State that there are special circumstances which make it right that that person should receive compensation, that person shall be paid a sum of such amount as the Secretary of State may determine.

C25

In Part III of Schedule 1 to the House of Commons Disqualification Act 1975, the following shall be inserted at the appropriate place in alphabetical order— “ Chairman of any of the Consultative Councils established under sections 7 and 7A of the Electricity Act 1947, for the areas of Area Boards or the districts of the North of Scotland Hydro-Electric Board and the South of Scotland Electricity Board. ”

Annotations:
Modifications etc. (not altering text)
C2

The text of s. 7(1)(2); Sch. 4 paras. 2, 4; Sch. 5 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.

Councils’ administration, personnel etc.

6

A Council may, subject to the approval of the Secretary of State as to numbers, appoint such officers as appear to the Council to be requisite for the performance of their functions, including those of any committee or individual appointed under section 7(9) or 7A(8) of the M7Electricity Act 1947 (scheme for Council’s representation at local level).

7

The Secretary of State shall provide the Councils with funds wherewith to pay—

a

to their members, and to members of any such committee, or to any such individual, as is mentioned above such travelling and other allowances; and

b

to the officers of a Council, such remuneration, and such travelling and other allowances,

as the Secretary of State may determine, and wherewith also to defray such other expenses in connection with their functions as he may determine to be appropriate; and he may make arrangements for Councils to be provided with office accommodation.

8

1

There shall be paid such pensions, or arrangements shall be made for the payment of such pensions, to or in respect of persons who are or have been officers of Consultative Councils as the Secretary of State may determine.

2

A Consultative Council may, if the Secretary of State determines that they should do so, assume in respect of such persons as are referred to in sub-paragraph (1) above any liabilities incurred by the Electricity Council, an Area Board, the North of Scotland Hydro-Electric Board or the South of Scotland Electricity Board (as the case may be) under or in pursuance of section 54 of the M8Electricity Act 1947.

3

The Secretary of State shall provide Consultative Councils with funds wherewith to pay pensions under sub-paragraph (1) above or to finance any arrangements under that sub-paragraph, and to discharge any liabilities assumed by Councils under sub-paragraph (2).

Supplementary

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1

The consent of the Minister for the Civil Service shall be required for any determination or approval by the Secretary of State under the foregoing paragraphs.

2

In this Part of this Schedule “pension” includes allowance and gratuity payable on retirement or otherwise.

Part II

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SCHEDULE 4 Consequential Amendment of Enactments.

Section 7(1)

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2 The Coal Industry Act 1965 (c. 82) C3

In the Coal Industry Act 1965, in section 1(2A) (inserted by section 4(1)(b) of the Coal Industry Act 1971 M9) for the words “may from such person and on such terms as he may with the approval of the Treasury specify” substitute the words “(which shall require the approval of the Treasury) may”.

Annotations:
Modifications etc. (not altering text)
C3

The text of s. 7(1)(2); Sch. 4 paras. 2, 4; Sch. 5 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

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C44 The Gas and Electricity Act 1968 (c.39).

In the Gas and Electricity Act 1968—

a

in section 2(1), for the words “borrow, from such persons and on such terms as the Minister may, with the approval of the Treasury, from time to time specify” substitute the words “with the consent of the Secretary of State (which shall require the approval of the Treasury), borrow”;

b

in section 2(3) after “guarantees)” insert “and section”.

Annotations:
Modifications etc. (not altering text)
C4

The text of s. 7(1)(2); Sch. 4 paras. 2, 4; Sch. 5 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.

5 The Post office Act 1969 (c.48).

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6 The Civil Aviation Act 1971 (c.75).

In the Civil Aviation Act 1971—

a

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b

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C5SCHEDULE 5 Repeals.

Section 7(2)

Annotations:
Modifications etc. (not altering text)
C5

The text of s. 7(1)(2); Sch. 4 paras. 2, 4; Sch. 5 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.

Chapter

Short Title

Extent of Repeal

10 & 11 Geo. 6. c.54.

Electricity Act 1947.

In section 7, subsections (10), (11) and (11A).

in section 7A, subsections 7A, subsections (9), (10) and (11).

2 7 3 Eliz. 2. c.60.

Electricity Reorganisation (Scotland) Act 1954.

In Part I of Schedule 1, the specific adaptation of section 12 of the Hydro-Electric Developement (Scotland) Act 1943.

1967 c.33.

Air Corporations Act 1967.

In section 10(3) the word “temporary” (in paragraph (b)), and paragraph (c).

1968 c.39.

Gas and Electricity Act 1968.

In section 2(3) the words “and 19 (central guarantee fund)”. Section 3.

1971 c.75.

Civil Aviation Act 1971.

In section 8, in subsection (3) the words “from such persons and on such terms as the Secretary of State may from time to time specify” ; and in subsection (4) the words “or specify any person or terms”.

In section 41(5), the words “or specify any person or terms”.

1972 c.12.

Iron and Steel Act 1972.

Section 1 (3)

1972 c.60.

Gas Act 1972.

In Schedule 3, in paragraph 1, the words “with the consent of the Minister of the Civil Service”, wherever they occur.

1974 c.8.

Statutory Corporations (Financial Provisions) Act 1974.

Sections 1 to 3. Section 5(1). Schedule 1.

Section 5(1)

Schedule 1.

In Schedule 2, in paragraph 2, the amendments of section 12(1) of the Hydro-Electric Developement (Scotland) Act 1943 and section 3 of the Gas and Electricity Act 1968.