Industrial Development Act 1982

PART I Old Cases Etc

1 The enactments repealed by this Act and the instruments made under those enactments shall continue to have effect after the commencement of this Act for the purpose of the making of grants under Part I of the Industry Act 1972 in respect of expenditure incurred in providing an asset as part of, or on or for use in any premises if—

(a) the asset was provided before 1st August 1980 ; or

(b) the expenditure was defrayed before 18th July 1979 ; or

(c) the asset consists of a building or works provided in a derelict land clearance area and the construction of the building or the carrying out of the works was begun before 22nd March 1974.

2 (1) In Articles 5, 5A, 5B, 5C and 5D of the [S.I. 1979/837.] Assisted Areas Order 1979 (which contain transitional provisions in connection with changes in the categories of the assisted areas) references to Part I of the Industry Act 1972 shall have effect on and after the commencement of this Act as if they included references to Part II of this Act.

(2) Where apart from this sub-paragraph the amount of a grant under Part II of this Act towards expenditure falling within sub-paragraph (3) below would be less than 20 per cent, of the expenditure, the amount shall instead be 20 per cent, of the expenditure.

(3) The expenditure falling within this sub-paragraph is expenditure incurred—

(a) in providing an asset as part of, or on or for use in, qualifying premises in a relevant special development area in such circumstances that, by reason of Article 5(1) and (4)(d) or Article 5A(2) and (5)(b) of the [S.I. 1979/837.] Assisted Areas Order 1979 (as amended by sub-paragraph (1) above), any grant under Part II of this Act towards the expenditure is to be made at the rate appropriate to a development area which is not a special development area, or

(b) in providing a building or works at any time as part of or on qualifying premises in a relevant development area in such circumstances that, by reason of Article 5(2) and (4)(d) of that order (as so amended), no grant may be made under Part II of this Act towards any expenditure incurred in providing machinery or plant at that time for use in those premises.

(4) In sub-paragraph (3) above—

(a) " relevant special development area " means an area which became a special development area on the coming into operation of the [S.I. 1977/683.] Assisted Areas Order 1977, the Assisted Areas Order 1979 or the [S.I. 1979/1642.] Assisted Areas (Amendment) Order 1979, and

(b) "relevant development area" means an area which became a development area on the coming into operation of the Assisted Areas Order 1977, the [S.I. 1977/706.] Assisted Areas (No. 2) Order 1977 or the Assisted Areas Order 1979.

(5) The preceding provisions of this paragraph are without prejudice to the provisions of an order made after the commencement of this Act under section 1 of this Act, and such an order may amend or repeal sub-paragraph (1) above.

(6) Notwithstanding its enactment by this Act, sub-paragraph (1) above shall have effect subject to any question arising as to the validity of the provisions in the Articles mentioned in that sub-paragraph referring to Part I of the [1972 c. 63.] Industry Act 1972.