Miscellaneous Financial Provisions Act 1983

1 The Development Commission. E+W+S

(1) There shall be a body corporate called the Development Commission.

(2) The first members of the Commission shall be the persons who, immediately before the commencement of this section, are the Development Commissioners under the M1 Development and Road Improvement Funds Act 1909; and Part I of that Act shall cease to have effect.

(3) The Development Commission shall keep under review and advise the Secretary of State upon all matters relating to the economic and social development of rural areas in England and may carry out or assist others to carry out measures likely to further such development.

(4) Subject to subsections (7) and (8) below, the Commission may do anything which is conducive or incidental to the discharge of its functions and in particular (but without prejudice to the generality of the foregoing) may—

(a) make grants and loans and give guarantees and any other form of financial assistance;

(b) acquire land and other property;

(c) provide or facilitate the provision of premises for occupation by industrial or commercial undertakings;

(d) form, and hold controlling or other interests in, bodies corporate;

(e) act alone or with other persons, either in partnership or otherwise.

(5) The power of the Commission to acquire land includes power, if authorised by the Secretary of State, to purchase land compulsorily; and the M2 Acquisition of Land Act 1981 shall apply to any compulsory purchase by the Commission.

(6) The Secretary of State may make to the Commission out of money provided by Parliament grants of such amount and subject to such conditions as he may, with the approval of the Treasury, think fit.

(7) The Commission shall not give financial assistance to any person except in accordance with arrangements approved by the Secretary of State and the Treasury.

(8) The Secretary of State may give the Commission general directions as to the exercise of its functions, and the Commission shall comply with any such directions.

(9) Schedule 1 to this Act shall have effect.

Modifications etc. (not altering text)

C1 S. 1(3): Functions of the Secretary of State transferred (1.4.1999) to the Countryside Agency by S.I 1999/416, arts. 4, 5(4), 6 - 8

C2 S. 1(3): Powers of the Secretary of State transferred (1.4.1999) to the Countryside Agency by S.I. 1999/416, arts. 5, 6 - 8

Marginal Citations

M1 1909 c. 47.

M2 1981 c. 67.

2 Grants to regional development organisations. E+W+S

(1) The Secretary of State may out of money provided by Parliament make grants to any body within subsection (2) below for the purpose of assisting it to promote industrial or commercial development in the area with which it is concerned.

(2) The bodies referred to in subsection (1) above are—

(a) the Devon and Cornwall Development Bureau;

(b) the North of England Development Council;

(c) the North West Industrial Development Association;

(d) the Yorkshire and Humberside Development Association;

(e) any other body, whether corporate or unincorporate, whose principal object appears to the Secretary of State to be the promotion of industrial or commercial development in an area in England.

(3) The Secretary of State shall obtain the consent of the Treasury before making a grant under this section to any body other than one named in subsection (2)(a) to (d) above.

(4) In making a grant under this section the Secretary of State may impose such conditions as he thinks fit, including in particular—

(a) a condition requiring the recipient to keep proper accounts and records in respect of the application of the grant;

(b) a condition requiring the recipient to submit to the Secretary of State such periodic statements of accounts and reports relating to the application of the grant as the Secretary of State may direct; and

(c) a condition requiring the recipient to repay the whole or any part of the grant if any condition of the grant is not complied with.

(5) The Secretary of State shall lay before each House of Parliament a copy of every statement and report submitted to him in compliance with a condition of the kind described in subsection (4)(b) above.

3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 U.K.

Textual Amendments

F1 S. 3 repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. I

4 Treasury guarantees. U.K.

(1) In the enactments mentioned in Schedule 2 to this Act (which enable the Treasury to guarantee the repayment of the principal of, and the payment of interest on, sums borrowed by the bodies mentioned in the third column of that Schedule) for the words “and the payment of interest on” or “and the payment of any interest on” there shall be substituted the words “the payment of interest on and the discharge of any other financial obligation in connection with”.

F2 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F3

(4) In section 8 of the M3 Overseas Development and Co-operation Act 1980 (Treasury guarantees in respect of certain loans made by the International Bank)—

(a) in subsection (1), for the words “and the payment of the interest on and other charges in respect of” there shall be substituted the words “the payment of interest on and the discharge of any other financial obligation in connection with”;

(b) in subsection (5)(d)(i), for the words “charges in respect of” there shall be substituted the words “payments in discharge of financial obligations in connection with”;

(c) in subsection (6), for the words “other charges in respect of” there shall be substituted the words “the discharge of any other financial obligation in connection with”.

(5) In section 62(1) of the M4 New Towns Act 1981 (Treasury guarantees in respect of sums borrowed by a development corporation or the Commission for the New Towns) for paragraphs (a) and (b) there shall be substituted the words “the repayment of the principal of, the payment of interest on and the discharge of any other financial obligation in connection with”.

Textual Amendments

F2 S. 4(2) repealed (27.7.1999) by 1999 c. 20, s. 27, Sch. 4 (with s. 15)

F3 S. 4(3) repealed by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18

Marginal Citations

M3 1980 c. 63.

M4 1981 c. 64.

5 Power of Crown Estate Commissioners to grant leases. U.K.

In section 3(2) of the M5 Crown Estate Act 1961 (restriction on term for which a lease may be granted by Crown Estate Commissioners) for the words “one hundred years” there shall be substituted the words “one hundred and fifty years”.

Marginal Citations

M5 1961 c. 55.

6 Redemption of certain annuities. U.K.

(1) If the Treasury, in respect of an annuity to which this subsection applies—

(a) by notice in writing inform the person appearing to them to be entitled for the time being to receive the annuity that they propose to redeem it on a date specified in the notice (“the redemption date”), and

(b) tender to that person, not later than the redemption date, a payment calculated in accordance with subsection (7) below,

the annuity shall cease to be payable on the redemption date.

(2) Subsection (1) above applies to any annuity not exceeding £2,000 a year for the redemption of which the Treasury may contract under section 2 of the M6 Consolidated Fund (Permanent Charges Redemption) Act 1873 (and does not apply to an annuity first payable after the passing of that Act).

(3) Where a person entitled by virtue of any hereditary office to receive an annuity to which subsection (1) above applies has the right, as holder of the office, to nominate another person to an office which carries an allowance charged on the Consolidated Fund, the amount of the annuity shall, for the purpose of calculating the payment referred to in that subsection, be taken to be increased by the amount of the allowance; and the allowance shall cease to be payable when the annuity ceases to be payable.

(4) The redemption date specified in a notice given under subsection (1) above shall not be later than fourteen days after the date on which the notice is served; and the notice may be served by post or in any other way.

(5) If, in respect of an annuity payable by virtue of any of the enactments specified in the first column of the table below, the Treasury pay and the person specified (in relation to that enactment) in the second column of the table accepts a sum calculated in accordance with subsection (7) below, the annuity shall cease to be payable.

Table

Enactment by virtue of which annuity is payable	Person to whom payment is to be made
Section 1 of the Prisage and Butlerage Act 1803 (c.156).	The Receiver General of the Duchy of Lancaster.
Section 3 of the Tin Duties Act 1838 (c.120).	The Receiver General of the Duchy of Cornwall.
Section 9 of the Greenwich Hospital Act 1869 (c.44).	The Secretary of State.

(6) Any payment accepted by the Secretary of State under subsection (5) above shall be credited to the Greenwich Hospital capital account with the Paymaster General.

(7) The sum to be paid in respect of an annuity under subsection (1) or (5) above shall be such as would, according to the average price of undated government stock at the end of the relevant day, purchase an amount of such stock yielding annual dividends equal to the amount of the annuity; and in this subsection—

• “the relevant day”, in relation to subsection (1) above, means a day specified in the notice given under that subsection, being a day not more than seven days earlier than that on which the notice is served; and in relation to subsection (5) above, means a day agreed between the Treasury and the person to whom the payment is to be made; and

• “undated government stock” means government stock, within the meaning of section 15(1) of the M7 National Debt Act 1972, issued on terms which do not specify a date on or before which the stock is to be redeemed.

(8) Payments under this section shall be charged on and paid out of the Consolidated Fund.

Marginal Citations

M6 1873 c. 57.

M7 1972 c. 65.

7 Local government allowances. U.K.

(1) Section 173A of the M8 Local Government Act 1972 (which enables councillors to give notices opting for financial loss allowance instead of attendance allowance) shall be amended as follows.

(2) In subsection (3) (notices given within four weeks from election)—

(a) for the words “four weeks from” there shall be substituted the words “one month beginning with the day of”; and

(b) after the words “of the authority” there shall be inserted the words “then, subject to subsection (4A) below”.

(3) For subsections (4) to (6) (later notices, and notices of withdrawal) there shall be substituted—

“(4) If a councillor gives a financial loss allowance notice to the local authority otherwise than in accordance with subsection (3) above, then, subject to subsection (4A) below, he shall be entitled to receive financial loss allowance for the performance of any approved duty after the end of the period of one month beginning with the day on which the notice is given.

(4A) If a councillor who has given a local authority a financial loss allowance notice gives them notice in writing that he withdraws that notice, it shall not have effect in relation to any duty performed after the day on which the notice of withdrawal is given.”.

Marginal Citations

M8 1972 c. 70.

8 Repeals. U.K.

The enactments mentioned in Schedule 3 to this Act are hereby repealed to the extent specified in the third column of that Schedule.

9 Commencement. U.K.

(1) Sections 1 and 8 above (and Schedules 1 and 3) shall come into force on such day as the Secretary of State may appoint by order made by statutory instrument; and an order under this subsection may appoint different days for different purposes.

(2) Except as provided in subsection (1) above this Act shall come into force at the end of the period of two months beginning with the day on which it is passed.

Modifications etc. (not altering text)

C3 Power of appointment conferred by s. 9(1) fully exercised: 1.4.1984 appointed by S.I. 1983/1338, art. 2

10 Extent. U.K.

(1) Sections 1 and 2 above, and Schedule 1 to this Act (except paragraph 12), shall not extend to Northern Ireland.

(2) Any amendment or repeal by section 4, 7 or 8 above of an enactment which does not extend throughout the United Kingdom shall extend only to the part of the United Kingdom to which the enactment amended or repealed extends.

(3) Subject to subsections (1) and (2) above, this Act extends to Northern Ireland.

(4) Section 5 of this Act extends to the Isle of Man so far as is material to any powers or duties of the Crown Estate Commissioners in the Isle of Man.

11 Short title. U.K.

This Act may be cited as the Miscellaneous Financial Provisions Act 1983.