Industrial Development Act 1982

[F1 2 Grants for projects of investment in development areas. E+W+S

(1) The Secretary of State may, in accordance with this Part of this Act, make a grant to a person in respect of the carrying out of a project of investment in the productive capacity or productive processes of an undertaking in a development area.

(2) Productive capacity and productive processes include respectively both the capacity to produce and the process of producing goods and the capacity to provide and the process of providing services, and the investment may be investment in a new or in an existing undertaking.

(3) Grant is payable both in respect of capital expenditure on the provision of assets and in respect of the provision of jobs comprised in a project, and the assets or jobs may be provided in more than one development area.

(4) A project is not eligible for grant unless or except to the extent the Secretary of State approves the project for grant, but his approval may be given where the project has been wholly or partly carried out as well as where the project is to be carried out.

(5) An application for approval of a project for grant shall be made in such form or manner, and shall contain such particulars and be accompanied by such documents, as the Secretary of State may direct and, in the case of a project which has been wholly or partly carried out, shall be made within such time as the Secretary of State may direct.

(6) Where the Secretary of State decides to make a grant in respect of an approved project, grant shall be payable in accordance with the terms of the approval notified to the applicant and the provisions made by or under Part I or this Part of this Act unaffected (except as provided by any transitional provision of the order) by any changes effected by an order under section 1 above or section 5 below after the date which is for the purposes of section 3 below the qualifying date for the project.

(7) In this Part of this Act—

• “asset” means machinery, plant, buildings or works and “machinery”, “plant”, “building” and “works” include part of any machinery, plant building or works respectively;

• “expenditure”, in relation to an asset provided by being manufactured, constructed or devised by any person, includes such sum as appears to the Secretary of State to be properly attributable to its provision by that person in that manner, and the sum so attributed shall be treated as having been paid at such time as the Secretary of State may direct;

• “jobs”, subject to sections 3(5) and 5(9)(e) below, means full-time jobs;

• “produce”, “product” and “productive” are to be construed in accordance with subsection (2) above;

• “provision” or “provide”—

(a) in relation to jobs, includes provision by way of maintaining or safeguarding jobs;

(b) in relation to machinery or plant, means the provision of unused machinery or plant; and

(c) in relation to a building, includes provision by the adaptation of an existing one, or by the purchase of a new one, that is to say one not previously occupied, or, if previously occupied then only by the purchaser, and only as part of arrangements made in contemplation of purchase;

“undertaking” includes an undertaking carried on otherwise than for profit.]

Textual Amendments

F1 Pt. II (ss. 2—6) substituted by Co-operative Development Agency and Industrial Development Act 1984 (c.57, SIF 64), s. 5, Sch. 1 Pt. I (subject to modifications in s. 5(3)(4))