Assisted Areas Order 1979

JurisdictionUK Non-devolved
CitationSI 1979/837
Year1979

1979 No. 837

INDUSTRIAL DEVELOPMENT

The Assisted Areas Order 1979

16thJuly 1979

17thJuly 1979

18thJuly 1979

The Secretary of State, in exercise of his powers under sections 1(1) and (4) and 18(1) of the Local Employment Act 1972(a), sections 1(4) and 5(3) of the Industry Act 1972(b) and paragraph 2 of Schedule 2 thereto, hereby makes the following Order:—

Citation and commencement

1. This Order may be cited as the Assisted Areas Order 1979, and shall come into operation on 18th July 1979.

Interpretation

2. In this Order the designation of an area as a special development area is for the purposes of section 1 of the Industry Act 1972, the designation of an area as a development area is for the purposes of the Local Employment Act 1972 and of any other enactment referring to development areas and the designation of an area as an intermediate area is for the purposes of the Local Employment Act 1972 and of any other enactment referring to intermediate areas.

Revocation

3. The Orders described in Schedule 1 hereto are hereby revoked to the extent specified in Column 3 of that Schedule.

Definition of Assisted Areas

4.—(1) In the period ending on 31st July 1980—

(a) the areas described in Part I of Schedule 2 hereto and the areas which were special development areas under the Orders hereby revoked immediately before the coming into operation of this Order shall be special development areas;

(b) the areas described in Part II of Schedule 2 hereto and the areas which were development areas under the Orders hereby revoked immediately before the coming into operation of this Order shall be development areas; and

(a) 1972 c. 5.

(b) 1972 c. 63.

(c) the areas described in Part III of Schedule 2 hereto and the areas (other than such of them as are described in Part II of Schedule 2 hereto) which were intermediate areas under the Orders hereby revoked immediately before the coming into operation of this Order shall be intermediate areas.

(2) In the period after 31st July 1980 and ending on 31st July 1982—

(a) the areas described in Schedule 3 hereto shall be special development areas;

(b) the areas described in Schedules 4, 5 and 6 hereto shall be development areas; and

(c) the areas described in Schedules 7 and 8 hereto shall be intermediate areas.

(3) After 31st July 1982—

(a) the areas described in Schedule 3 hereto shall be special development areas;

(b) the areas described in Schedule 4 hereto shall be development areas; and

(c) the areas described in Schedules 5 and 7 hereto shall be intermediate areas.

Transitional provisions

5.—(1) Notwithstanding that an area is a special development area, no grant at the rate appropriate to a special development area may be made under Part I of the Industry Act 1972 to any person towards expenditure incurred by him in providing an asset as part of, on or for use in qualifying premises in that area if any of the conditions specified in paragraph (4) below applies.

(2) Notwithstanding that an area is a development area, no grant may be made under Part I of the Industry Act 1972 to any person towards expenditure incurred by him in providing plant or machinery for use in qualifying premises in that area if any of the conditions specified in paragraph (4) below applies.

(3) Notwithstanding that an area is an intermediate area, no grant under Part I of the Industry Act 1972 may be made to a person towards expenditure incurred by him in providing a building or works as part of or on qualifying premises in any such area if any of the conditions specified in paragraph (4) below applies.

(4) The conditions mentioned in paragraphs (1), (2) and (3) above are—

(a) where the area in question is a special development area, that the expenditure was defrayed before that area became a special development area under this Order or under any of the Orders hereby revoked;

(b) where the area in question is a development area not being a special development area, that the expenditure was defrayed when that area was an intermediate area under this Order or under any of the Orders hereby revoked;

(c) where the area in question is an intermediate area, that the expenditure was defrayed when the area was neither a development area nor an intermediate area; and

(d) that, subject to the provisions of paragraph (5) below, in a case where the area in question became a special development area, became a development area having previously been an intermediate area or became an intermediate area having previously not been a development area under this Order or under the Assisted Areas Order 1977(a) or the Assisted Areas (No. 2) Order 1977(b), a project is or was being or is to be carried out (either in whole or in part) on the qualifying premises in question and that project is a project in respect of which a relevant offer of financial assistance has been accepted, whether by the person who has incurred the expenditure or by any other person, before the area in question so became a special development area, a development area or an intermediate area, as the case may be; and for this purpose a "relevant offer of financial assistance" is—

(i) where the area in question became a special development area, a development area or an intermediate area, as the case may be, on the coming into operation of this Order, an offer of financial assistance exceeding £20,000 under Part II of the Industry Act 1972, or

(ii) where the area in question became a special development area, a development area or an intermediate area, as the case may be, under the Assisted Areas Order 1977 or the Assisted Areas (No. 2) Order 1977, any offer of financial assistance under Part II of the Industry Act 1972.

(5) For the purpose of determining whether the condition referred to in paragraph (4)(d) above is fulfilled any offer of financial assistance shall be disregarded if—

(a) the acceptance of that offer has been withdrawn...

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