Distribution of Industry Act 1945

JurisdictionUK Non-devolved
Citation1945 c. 36


Distribution of Industry Act, 1945.

(8 & 9 Geo. 6.) CHAPTER 36.

An Act to provide for the development of certain areas: for controlling the provision of industrial premises with a view to securing the proper distribution of industry; and for purposes connected with the matters aforesaid.

[15th June 1945]

Be it enacted by the King'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:—

Provisions as to development areas.

Provisions as to development areas.

S-1 Provision of premises for industrial undertakings in development ares.

1 Provision of premises for industrial undertakings in development ares.

1. In any areal specified in the First Schedule to this Act (hereinafter referred to as a ‘development area’) the Board of Trade may for the purpose of facilitating the provision of premises needed for meeting the requirements of industrial undertakings (including requirements lents arising from the needs of persons employed or to be employed therein) or sites for such premises or means of access thereto—

a ) acquire, by agreement or, if so authorised by a compulsory purchase order made under this Act, by compulsory purchase, land for the provision thereon (whether by the Board or by other persons) of such premises or means of access; and
b ) erect such buildings and carry out such works on land held by the Board as appear to them expedient for the purpose of providing such premises sites or means of access, or of rendering the land suitable for the provision thereof by other persons
S-2 Financial assistance to trading or industrial estate companies in development areas.

2 Financial assistance to trading or industrial estate companies in development areas.

2. The Board of Trade may with the consent of the Treasury make loans to trading or industrial estate companies (whether incorporated before or after the passing of this Act) where the Board are satisfied that the loans will further the provision of industrial premises in development areas in such a way as to induce persons to establish or expand industrial undertakings in such areas.

S-3 Financial assistance for improvement of basic services for development areas.

3 Financial assistance for improvement of basic services for development areas.

(1) Where it appears to a Minister of the Crown that adequate provision has not been made for the needs of any development area in respect of a basic service for which he is responsible, he may with the consent of the Treasury make grants or loans towards the cost of improving the service to such persons and in such manner as appears to him to be requisite for enabling those needs to be met.

(2) In this section the expression ‘basic service’ means the provision of facilities for transport (whether by road, rail, water or air) or of power, lighting or heating, and housing, health and other services on which the development of the area in question, and in particular of industrial undertakings therein, depends.

(3) The powers conferred by this section are in addition to any other powers of a Minister of the Crown to make grants or loans.

S-4 Financial assistance for industrial undertakings in development areas.

4 Financial assistance for industrial undertakings in development areas.

(1) The Treasury may, in accordance with recommendations of an advisory committee appointed by them, agree with any person carrying on, or proposing to carry on, in a development area an industrial undertaking to which this section applies (whether an undertaking already established or proposed to be established) to give financial assistance to the carrying on of the undertaking, on such terms as may be specified in the agreement, in one or more of the following ways—

(a ) by making annual grants to the said person, either towards the cost of paying interest on moneys borrowed or to be borrowed for the purposes of the undertaking or generally for those purposes;

(b ) by making loans for those purposes.

(2) This section applies to any undertaking approved by the Board of Trade as complying with the requirements of the proper distribution of industry, being an undertaking as to which the Treasury are satisfied in accordance with such recommendations as aforesaid that there are good prospects of its ultimately being able to be carried on successfully without further assistance under this section, but that the person carrying it on or proposing to carry it on cannot for the time being, without assistance under this section, obtain capital required for the purposes of the undertaking on the requisite terms.

S-5 Provisions for dealing with derelict land in development areas.

5 Provisions for dealing with derelict land in development areas.

(1) Where it appears to the Board of Trade that by reason of land in a development area being derelict and likely to remain so for a considerable period it is expedient that it should be acquired by the Board for the purpose of securing that it is brought into use or of improving the amenities of the neighbourhood, the Board may acquire the land by agreement or, if so authorised by a compulsory purchase order made under this Act, by compulsory purchase.

(2) The Board of Trade may carry out such work on land acquired by them under this section as appears to them expedient for enabling the land to be brought into use or for improving the amenities of the neighbourhood.

(3) The Board of Trade may, with the consent of the Treasury, make grants, in such manner as appears to the Board to be requisite for the purposes of this subsection, to any local authority, or to any company the constitution of which prohibits the distribution of the profits of the company to its members, towards the cost of carrying out work on land in development areas which is derelict for the purpose of enabling the land to be brought into use or of improving the amenities of the neighbourhood.

S-6 Buildings erected under ss. 1 and 5 to comply with planning schemes.

6 Buildings erected under ss. 1 and 5 to comply with planning schemes.

6. The Board of Trade shall not erect any building or carry out any work in pursuance of section one or five of this Act so as to contravene the provisions of any scheme in force under the Town and Country Planning Act, 1932, the Town and Country Planning (Scotland) Act, 1932, or any enactment repealed by either of those Acts or by any enactment thereby repealed.

S-7 Alteration of Schedule of development areas.

7 Alteration of Schedule of development areas.

(1) The Boar of Trade may from time to time, and shall on the expiration of the period of three years from the passing of this Act, take into consideration the question whether any area should be added to or removed from, the First Schedule to this Act.

(2) Where at any time it appears to the Board that the distribution of industry is such that in any area not specified in the said First Schedule there is likely to be a special danger of unemployment, the Board may by order direct that the area shall be added to that Schedule.

(3) Where at any time after the expiration of the period of three years from the passing of this Act the Board are satisfied, as to the whole or any part of any area specified in the said First Schedule, that the conditions aforesaid no longer exist, they may by order direct that the area or part in question shall be removed from that Schedule:

Provided that an order under this subsection shall not affect the validity or continuance of anything done or entered into before the coming into operation of the order.

(4) An order under this section shall not be made except after consultation with every local authority whose area includes any land to which the order relates.

(5) An or under under this section shall not have effect until it has been approved by a resolution of each House of Parliament.

S-8 Repeal of Special Areas Acts.

8 Repeal of Special Areas Acts.

(1) The Special Areas (Development and Improvement) Acts, 1934 and 1937, are hereby repealed.

(2) As soon as may be after the passing of this Act the Special Areas Fund shall be wound up in accordance with directions of the Treasury, and there shall be paid into the Exchequer—

(a ) any balance in the Fund at the winding up thereof, and

(b ) any moneys accruing due after the winding up thereof which apart from this subsection would have been payable into the Fund,

but nothing in the foregoing provisions of this section shall affect the operation of subsections (5) to (7) of section three of the Act of 1934 (which relates to the preparation and laying before Parliament of accounts) as respects things done before the winding up of the Fund.

(3) Any interest vested in a Commissioner immediately before the passing of this Act in land acquired by him under section four of the Act of 1934, and any security then vested in a Commissioner to secure the repayment of a loan made by him under that Act, shall on the passing of this Act and without more vest in such Minister of the Crown as the Treasury may determine.

(4) Without prejudice to the provisions of section thirty-eight of the Interpretation Act, 1889 (which relates to the effect of repeals), the repeal of the said Acts shall not affect the continued operation of any agreement entered into thereunder before the passing of this Act, but any such agreement shall be modified as follows, that is to say—

(a ) in the case of an agreement entered into by a Commissioner to make loans or grants to assist the provision of industrial premises, the Board of Trade shall be substituted for the Commissioner;

(b ) in the case of any other agreement entered into by a Commissioner there shall be substituted for the Commissioner such...

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