Co-operative Development Agency and Industrial Development Act 1984
Co-operative DevelopmentAgency and IndustrialDevelopment Act 1984
1984 CHAPTER 57
An Act to amend the Co-operative Development Agency Act 1978 and confer power on the Secretary of State to dissolve the Agency; to amend the power in section 1 of the Industrial Development Act 1982 to designate assisted areas and to replace the provisions of Part II of that Act for the making of regional development grants.
[31st October 1984]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part I
Co-operative Development Agency
1 Increase in limit on grants to Agency.
(1) Section 4 of the Co-operative Development Agency Act 1978 (‘the 1978 Act’) (which section empowers the Secretary of State to make grants to the Agency) shall be amended as follows.
(2) In subsection (1), for the words from ‘900,000 or such greater amount’ to the end of the subsection there shall be substituted the words ‘3,000,000’.
(3) Subsection (3) shall be omitted.
2 Extension of functions and control of Agency.
(1) The 1978 Act shall be further amended as follows.
(2) In section 2 (functions of Agency)—
(a ) after paragraph (b ), there shall be inserted the following paragraph—
‘(bb ) to make such grants or loans to promote the establishment or development of co-operatives as the Agency considers it necessary or expedient to make for those purposes or to assist others to make grants or loans for those purposes;’ and
(b ) for paragraph (h ), there shall be substituted the following paragraph—
‘(h ) to provide or assist others to provide such training courses for members or prospective members of co-operatives or other persons involved in the co-operative movement as the Agency considers necessary or expedient and to keep under review and make recommendations concerning the training courses available to such persons;’.
(3) In section 3 (extent of incidental powers of Agency)—
(a ) in subsection (1), for the words ‘subject to subsections (2) and (3) below’ there shall be substituted the words ‘subject to subsection (3) below’;
(b ) subsection (2) and subsection (3)(b ) shall be omitted;
(c ) in subsection (3)(c ), after the word ‘loans’, there shall be inserted the words ‘for purposes outside those specified in section 2(bb ) above’;
(d ) in subsection (3)(d ), after the word ‘grants’, there shall be inserted the words ‘for purposes outside those specified in section 2(bb ) above’;
(e ) after subsection (3)(e ), there shall be added the following paragraph—
‘(f ) to meet the cost of making grants or loans for the purposes specified in section 2(bb ) above by borrowing or resorting to grants made to it under section 4(1) below;’ and
(f ) in subsection (4), after the word ‘functions’, there shall be inserted the words ‘other than its functions under section 2(bb ) above’.
(4) After section 3 there shall be inserted the following section—
3A ‘Directions by Secretary of State.
3A. The Secretary of State may, after consultation with the Agency, give the Agency directions of a general or specific character as to the discharge of its functions; and the Agency shall comply with such directions.’
3 Power to dissolve Agency.
(1) The Secretary of State may, by order, on such day as he may appoint—
(a ) terminate the exercise by the Agency of its functions except for the purpose of winding up its affairs;
(b ) vest in himself any property, rights or liabilities of the Agency; and
(c ) dissolve the Agency.
(2) Different days may be appointed for different purposes of this section.
(3) Any order under this section may include such incidental, supplemental, consequential or transitional provisions as the Secretary of State thinks fit.
(4) Any sums received by the Secretary of State by virtue of subsection (1)(b ) above shall, if not applied by him for purposes corresponding with the functions assigned to the Agency by the 1978 Act, be paid by him into the Consolidated Fund; and any sums required after the dissolution of the Agency to defray any of its liabilities shall be paid out of money provided by Parliament.
(5) An order under this section shall be made by statutory instrument; but no order containing provision for the purpose specified in subsection (1)(a ) above shall be made without first consulting the persons required by section 1(3) of the 1978 Act to be consulted for the purposes of that section and unless a draft of it has been laid before Parliament and approved by a resolution of each House.
Part II
Assisted Areas and Regional Development Grants
4 Designation of assisted areas.
4. In section 1 of the Industrial Development Act 1982, for subsection (4) (which enables orders under the section to describe the assisted areas by reference to employment office areas) there shall be substituted the following subsection—
(4) An order under this section may describe a development area, intermediate area or, as the case may be, special development area by reference to any of the following kinds of area or any combination of those areas, that is to say—
(a ) wards;
(b ) travel to work areas (being areas by reference to which the Secretary of State publishes unemployment statistics);
(c ) any other area which has been created by, or exists or existed for the purposes of, any Act or statutory instrument (whenever passed or made);
and any order under this section may provide for any reference in the order to any named area or combination of areas to be construed as a reference to that area or combination of areas as it or they existed on a date specified in the order.’
This section has effect subject to any provision of the commencement order under section 7(1)(b ) below with respect to any description of financial assistance dependent on the designation of areas under the said section 1 and, without prejudice to the generality of the foregoing words, nothing in the substitution effected by this section in its application to section 1(10) of the Derelict Land Act 1982shall affect any orders made under section 1(7) of that Act before the substitution takes effect.
5 New scheme of regional development grants.
(1) Subject to subsection (3) below, and to any provision of the commencement order under section 7(1)(b ) below, the provisions for the making of regional development grants set out in Part I of Schedule 1 to this Act shall be substituted for Part II of the Industrial Development Act 1982 .
(2) The enactments specified in Part II of that Schedule shall have effect subject to the amendments specified in that Part, being amendments consequential on the substitution effected by subsection (1) above.
(3) On the occasion of the first exercise of the power to make an order under paragraph (b ), (c ) or (d ) of section 5(1) of the Industrial Development Act 1982 as substituted by subsection (1) above subsection (4) below shall apply instead of paragraph (b ) of subsection (8) of that section.
(4) Where this subsection applies in relation to an order, the instrument containing the order shall be laid before Parliament after being made and, unless the order is approved by resolution of each House of Parliament before the end of the period of 40 days beginning with the date on which it was made, it shall cease to have effect at the end of that period, but without prejudice to anything previously done under it or to the making of a new order.
(5) In reckoning for the purposes of subsection (4) above any period of 40 days no account shall be taken of any period during which Parliament is dissolved or prorogued or during which both Houses of Parliament are adjourned for more than 4 days.
(6) There shall be paid out of money provided by Parliament any grants under the provisions substituted by subsection (1) above; and any receipts of the Secretary of State under those provisions shall be paid into the Consolidated Fund.
Part III
Supplemental
6 Repeals.
6. The enactments specified in Schedule 2 to this Act (one of which is spent) are hereby repealed to the extent specified in the third column of that Schedule but, in the case of the enactments specified in Part II, only if an order is made under section 3 above dissolving the Co-operative Development Agency.
7 Commencement and transition.
(1) The provisions of this Act shall come into force as follows—
(a ) Part I shall come into force on the day this Act is passed;
(b ) Part II shall come into force on such day as the Secretary of State appoints by order made by statutory instrument; and
(c ) this Part shall come into force on the day this Act is passed except that section 6 above and the repeals in Schedule 2 shall come into force in accordance with the provisions at the end of Parts I, II and III of that Schedule.
(2) An order under subsection (1)(b ) above may contain such transitional, saving and supplemental provisions as appear to the Secretary of State to be appropriate in connection with the transition from the existing to the new provisions for the making of regional development grants.
(3) Without prejudice to subsection (2) above, an...
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