Industrial Development Act 1982

JurisdictionUK Non-devolved
Citation1982 c. 52


Industrial Development Act 1982

1982 CHAPTER 52

An Act to consolidate, with certain exceptions, the Local Employment Act 1972, Parts I and II of the Industry Act 1972, section 18 of the Industry Act 1980, section 6 of the Industry Act 1981 and related enactments.

[28th October 1982]

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:—

I Assisted Areas

Part I

Assisted Areas

S-1 Development areas, special development areas andintermediate areas.

1 Development areas, special development areas andintermediate areas.

(1) For the purposes of this Act, and of any other enactment referring to development areas or intermediate areas under this Act, the Secretary of State may by order specify any area of Great Britain as—

(a ) a development area; or

(b ) an intermediate area.

(2) For the purposes of Part II of this Act the Secretary of State may by order designate a development area or any part of it as a special development area.

(3) In exercising his powers under the preceding provisions of this section the Secretary of State shall have regard to all the circumstances actual and expected, including the state of employment and unemployment, population changes, migration and the objectives of regional policies.

(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 employment office areas, that is to say, areas specified by the Manpower Services Commission as areas for each of which a specified office of the Commission exercises functions; and any reference in such an order to a named employment office area shall be construed as a reference to that area as it exists on the date on which the order comes into force.

(5) An order under this section may contain such transitional provisions as respects grant under Part II of this Act as appear to the Secretary of State to be appropriate in connection with any change effected by the order in the areas which are assisted areas of any particular category.

(6) Without prejudice to the generality of subsection (5) above, the transitional provisions contained in any order under this section may, in the case of a building or any works begun before, but completed after, any such change, be provisions making different provision for the parts of the expenditure respectively attributable to the work carried out before the change, and to the work carried out after the change.

(7) An order under this section shall be contained in a statutory instrument which, subject to subsection (8) below, shall be subject to annulment in pursuance of a resolution of either House of Parliament, and an order made under subsection (2) above may contain such incidental and supplemental provisions as appear to the Secretary of State to be appropriate.

(8) A statutory instrument shall not, by reason of its designating any area as a special development area, be subject to annulment in pursuance of a resolution of either House of Parliament if, by reason of its other provisions, a draft of the order contained in the instrument is required to be approved in pursuance of section 4(5)(a ) below by a resolution of each House.

II Regional Development Grants

Part II

Regional Development Grants

S-2 Grants towards approved capital expenditure.

2 Grants towards approved capital expenditure.

(1) The Secretary of State may make a grant to a person towards approved capital expenditure incurred by that person, being expenditure of any description in column 1 of the Table in subsection (4) below.

(2) An application for grant under this Part of this Act shall be made within such time, and in such form or manner, and shall contain such particulars and be accompanied by such documents, as the Secretary of State may direct.

(3) Without prejudice to any provisions made (or having effect as if made) under subsections (5) and (6) of section 1 above, the amount of a grant under this section shall be the prescribed percentage of the expenditure in respect of which it is made.

(4) Subject to any order under section 4 below and to paragraph 2 of Part I of Schedule 2 to this Act, the prescribed percentage shall be that specified in column 2 of the following Table.

Table

Expenditure incurred in Prescribed percentage

1. Providing a building as part of, or providing works on, qualifying premises in a development area

If the qualifying premises are in a special development area: 22 per cent.

If not: 15 per cent.

2. Providing new machinery or plant for use in qualifying premises in a development area

If the qualifying premises are in a special development area: 22 per cent.

If not: 15 per cent.

(5) A grant under this Part of this Act may be made at any time after the time when, in the opinion of the Secretary of State, the asset is provided or the expenditure is defrayed, whichever is the earlier.

(6) No grant shall be made under this Part of this Act if—

(a ) the asset was provided before 1st August 1980; or

(b ) the expenditure was defrayed before 18th July 1979; or

(c ) in a case falling within paragraph 1 of the Table in subsection (4) above, the construction of the building or the carrying out of the works was begun before 22nd March 1972.

(7) Without prejudice to section 18(2) below, paragraph (c ) of subsection (6) above applies in the case of a building whether or not the building is provided by the purchase of an existing one, but in applying that paragraph to the provision of a building by the adaptation of an existing one, account shall be taken of the work of adaptation, and not of the construction of the original building.

S-3 Qualifying premises.

3 Qualifying premises.

(1) In this Part of this Act ‘qualifying premises’ means premises which are for the time being used wholly or mainly for qualifying activities.

(2) For the purposes of this section ‘qualifying activities’ means—

(a ) activities which are described in any of the minimum list headings in Orders III to XIX (inclusive) in the Standard Industrial Classification (manufacturing), subject to the omission from minimum list heading 212 in Order III (Bread and Flour Confectionery) of the words from ‘Production’ to the end of the heading; and

(b ) the processing of scrap and waste materials; and

(c ) scientific research relating to any other qualifying activity; and

(d ) the repair or maintenance of any machinery or plant designed for use in any manufacturing process, or he processing of scrap and waste materials; and

(e ) any repair or maintenance carried out on premises used for any other qualifying activity of any building on those premises; and

(f ) repairs of the kinds described in headings 370 (shipbuilding and marine engineering), 383 (aerospace equipment manufacturing and repairing) and 384 and 385 (locomotives, rolling stock and railway equipment) in the Standard Industrial Classification, whether or not also within paragraph (d ) above, together with the maintenance of anything the repair of which is included in this paragraph; and

(g ) the training of staff for work in any other qualifying activity.

(3) The Standard Industrial Classification shall be used for the purposes of this section, and of any other provision of this Part of this Act, without taking account of the way in which that Classification is applied, whether or not in pursuance of any other Act of Parliament, for any other purpose, and without regard to any ancillary or associated activities, such as—

(a ) office work, including accountancy, audit, advertising and market research.

(b ) haulage,

(c ) sales and distribution,

(d ) storage,

(e ) production and distribution of energy and heating,

which, though not mentioned in a particular minimum list heading, may be classified for statistical purposes along with the activities which are so mentioned; and the reference in heading 499(2) of the Standard Industrial Classification to ‘all other manufacturing industries not elsewhere specified’ shall be taken as a reference to all manufacturing activities not elsewhere specified without the remaining activities in the industry in question.

(4) Subject to paragraphs (d ), (e ) and (f ) of subsection (2) above, the repair or maintenance of any articles shall not be a qualifying activity, and in the case of the activities described in the said Classification, other than those mentioned in the said paragraph (f ), this subsection applies whether or not repair or maintenance is mentioned in the Classification.

(5) The Secretary of State may give directions, which may be general directions or directions concerning a particular case, as respects the determination of—

(a ) any question as to the classification of an asset as between the following categories, that is, machinery or plant, buildings and works;

(b ) any question whether two or more different buildings or areas are, or are...

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