Industry Act 1975

37 Interpretation. U.K.

(1) In this Act, unless the context otherwise requires—

• “accounting year”, in relation to the Board, means, subject to subsection (2) below, the period of twelve months ending with the 31st December in any year, except that the Board’s first accounting year shall end on 31st December 1976;

• “enactment” includes an enactment of the Parliament of Northern Ireland or the Northern Ireland Assembly;

• “holding company” means a holding company as defined by [F1 section 736 of the Companies Act 1985] or [F2 Article 4 of the Companies (Northern Ireland) Order 1986];

• “industry” includes any description of commercial activity, and any section of an industry, and “industrial” has a corresponding meaning;

• “manufacturing industry” means, subject to subsection (3) below, activities which are described in any of the minimum list headings in Orders III to XIX (inclusive) of the Standard Industrial Classification;

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

• [F4 “Standard Industrial Classification” means the revised edition published by Her Majesty’s Stationery Office in 1968 of the publication of that name prepared by the Central Statistical Office [F5 of the Chancellor of the Exchequer];]

• “subsidiary” means a subsidiary as defined by [F6 section 736 of the Companies Act 1985] or [F7 Article 4 of the Companies (Northern Ireland) Order 1986];

• “wholly owned subsidiary” has the meaning assigned to it by [F8 [F9 section 736] of the Companies Act 1985] or [F10 [F11 Article 4] of the Companies (Northern Ireland) Order 1986]

(2) The Secretary of State may direct that any accounting year of the Board shall end on a date before or after that on which it would otherwise end.

(3) In determining the extent to which an undertaking is engaged in manufacturing industry, the following activities shall be treated as manufacturing industry so far as they relate to products manufactured or to be manufactured by the undertaking—

• research,

• transport,

• distribution,

• repair and maintenance of machinery.

• sales and marketing,

• storage,

• mining and quarrying,

• production and distribution of energy and heating,

• administration,

• training of staff,

• packaging.

(4) Securities and other property are publicly owned for the purposes of this Act if they are held—

(a) by or on behalf of the Crown;

(b) by a company all of whose shares are held by or on behalf of the Crown or by a wholly owned subsidiary of such a company;

(c) by any corporation constituted by or under any enactment under which an industry or part of an industry is carried on by that corporation under national ownership or control; or

(d) by a wholly owned subsidiary of any such corporation.

(5) 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, applied or extended by or under any other enactment, including this Act.

Textual Amendments

F1 Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), Sch. 2

F2 Words substituted by S.I. 1986/1035, art. 23, Sch. 1 Pt. II

F3 Definitions repealed by Industry Act 1980 (c. 33, SIF 64), Sch. 2

F4 Definition substituted (E.W.)(S.) by Co-operative Development Agency and Industrial Development Act 1984 (c. 57), SIF 64), Sch. 1 Pt. II para. 1

F5 Words inserted by S.I. 1989/992, art. 6(4), Sch. 2 para. 2

F6 Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), Sch. 2

F7 Words substituted by S.I. 1986/1035, art. 23, Sch. 1 Pt. II

F8 Words substituted by Companies Consolidation (Consequential Provisions) Act 1985 (c. 9, SIF 27), s. 30, Sch. 2

F9 Words substituted by Companies Act 1989 (c. 40, SIF 27), s. 144(4), Sch. 18 para. 11 (subject to the transitional provisions referred to in S.I. 1990/1392, arts. 2(d), 6)

F10 Words substituted by S.I. 1986/1035, art. 23, Sch. 1 Pt. II

F11 Words in s. 37(1) in definition of "wholly owned subsidiary" substituted (20.5.1991) by S.I. 1990/1504 (N.I. 10), art. 62(4), Sch. 3 para. 5; S.R. 1991/153, art.2(a)