Welsh Development Agency Act 1975

JurisdictionUK Non-devolved
Citation1975 c. 70


Welsh Development AgencyAct 1975

1975 CHAPTER 70

An Act to establish a Welsh Development Agency and a Welsh Industrial Development Advisory Board; and for connected purposes.

[12th November 1975]

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:—

S-1 The Welsh Development Agency.

1 The Welsh Development Agency.

(1) There shall be established a body to be called the Welsh Development Agency (in this Act referred to as ‘the Agency’) having the functions specified in the following provisions of this Act.

(2) The purposes for which the Agency may exercise their functions are—

(a ) to further the economic development of Wales or any part of Wales;

(b ) to promote industrial efficiency and international competitiveness in Wales;

(c ) to provide, maintain or safeguard employment in any part of Wales; and

(d ) to further the improvement of the environment in Wales (having regard to existing amenity).

(3) Without prejudice to the following provisions of this Act, the functions of the Agency shall be—

(a ) to promote Wales as a location of industrial development, or assist or concert its promotion as such a location;

(b ) to provide finance for persons carrying on or intending to carry on industrial undertakings;

(c ) to carry on industrial undertakings and to establish and carry on new industrial undertakings;

(d ) otherwise to promote or assist the establishment, growth reorganisation, modernisation or development of an industry or any undertaking in an industry;

(e ) to promote industrial democracy in undertakings which the Agency control;

(f ) to provide sites, premises, services and facilities for industrial undertakings;

(g ) to manage sites and premises for industrial undertakings;

(h ) to bring derelict land into use or improve its appearance; and

(i ) to undertake the development and redevelopment of the environment.

(4) In exercising their functions the Agency shall have regard to the requirements of agriculture and efficient land management.

(5) The Agency may only exercise functions under subsection (3)(c ) above through subsidiaries.

(6) The Agency shall have power to do anything, whether in Wales or elsewhere, which is calculated to facilitate the discharge of their functions specified in subsection (3) above, or is incidental or conducive to their discharge.

(7) In particular, but without prejudice to the generality of subsection (6) above, the Agency shall have power—

(a ) to acquire, hold and dispose of securities;

(b ) to form bodies corporate;

(c ) to form partnerships with other persons;

(d ) to make loans;

(e ) to guarantee obligations (arising out of loans or otherwise) incurred by other persons;

(f ) to make grants;

(g ) to act as agent for other persons;

(h ) to acquire and dispose of land, plant, machinery and equipment and other property;

(i ) to manage land, and to develop land and carry out works on land, and to maintain works or assist in their maintenance;

(k ) to make land, plant, machinery and equipment and other property available for use by other persons;

(l ) to provide advisory or other services or facilities in relation to any of their functions, or assist in their provision; and

(m ) to promote or assist in the promotion of publicity relating to any of the functions of the Agency.

(8) Unless the Secretary of State otherwise directs under subsection (9) below, the powers mentioned in subsection (7)(a ) to (e ) above may only be exercised in connection with the Agency's functions mentioned in subsection (3)(b ) and (c ) above, and the power mentioned in subsection (7)(f ) above shall not be used in connection with those functions.

(9) Subject to subsection (10) below, the Secretary of State may give the Agency directions of a general or specific character as to the exercise of their functions; and it shall be the duty of the Agency to give effect to any such directions.

(10) The Secretary of State shall consult the Agency about any proposed direction.

(11) Subject to paragraph 9(3) of Schedule 3 below, when the Secretary of State gives a direction under this section in connection with the Agency's functions under subsection (3)(b ) or (c ) above, he shall either—

(a ) lay a copy of the direction before each House of Parliament within 28 days of giving it; or

(b ) lay a copy later, but lay with it a statement of the reason why a copy was not laid within 28 days.

(12) The Agency's report for any accounting year shall set out any direction under this section given during that year.

(13) Any direction given under this section may be varied or revoked by a subsequent direction so given.

(14) It shall be the Agency's duty, after consultation with such local authorities and other bodies as appear to the Agency to have an interest, from time to time to prepare and submit to the Secretary of State for his approval schemes for the performance of such of their functions as he may direct.

(15) The Secretary of State may approve a scheme in whole or in part, with or without modifications, or may refuse to approve a scheme.

(16) For the avoidance of doubt it is hereby declared that nothing in this Act is to be construed as authorising the disregard by the Agency of any enactment or rule of law.

S-2 Constitution and status.

2 Constitution and status.

(1) The Agency shall consist of a chairman, a deputy chairman and not less than six nor more than eight other members.

(2) The chairman, deputy chairman and other members of the Agency shall be appointed by the Secretary of State.

(3) The members of the Agency shall include persons who appear to the Secretary of State to have wide experience of, and to have shown capacity in, one or more of the following, namely, industry, commerce, banking, accountancy, finance, the organisation or representation of workers, administration, local government and matters relating to the environment.

(4) The Secretary of State, after consultation with the chairman or chairman-designate of the Agency, shall appoint a chief executive of the Agency.

(5) Subsequent appointments to the office of chief executive shall be made by the Agency, with the approval of the Secretary of State.

(6) The chief executive shall be a member of the Agency, but the chairman or deputy chairman shall not be chief executive.

(7) If a person appointed chief executive is not already a member of the Agency, the Secretary of State shall appoint him a member.

(8) It is hereby declared that the Agency shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity, or privilege of the Crown and that the Agency's property is not to be regarded as the property of, or property held on behalf of, the Crown.

(9) The Agency shall not be exempt, except as provided by paragraph 20 of Schedule 1 to this Act, from any tax, duty, rate, levy or other charge whatsoever, whether general or local.

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

S-3 Overseas Aid.

3 Overseas Aid.

3. The Agency may with the consent of the Secretary of State enter into and carry out agreements with the Minister of Overseas Development under which the Agency act, at the expense of that Minister, as the instrument by means of which technical assistance is furnished by that Minister in the exercise of the power conferred by section 1(1) of the Overseas Aid Act 1966; and the Agency may, with the consent of both the Secretary of State and the said Minister, enter into and carry out agreements under which the Agency, for any purpose specified in the said section 1(1), furnish technical assistance in a country or territory outside the United Kingdom against reimbursement to them of the cost of furnishing that assistance.

S-4 Ancillary powers.

4 Ancillary powers.

4. The Agency shall have power—

a ) to make such charge for any of their services as they think fit
b ) to accept any gift made to them for the purposes of any of their functions, and subject to the terms of the gift and to the provisions of this Act, to apply it for those purposes
c ) to carry out or commission the carrying out of such enquiries, investigations or researches as the Agency may deem necessary or expedient for the purposes of their functions.
S-5 Assistance to Agency from public authorities and other persons.

5 Assistance to Agency from public authorities and other persons.

(1) The Agency may appoint a local authority, the development corporation of a new town or any other body or person to act as their agent to carry out the Agency's functions mentioned in section 1(3)(a ) and (f ) to (i ) above.

(2) For the purpose of assisting the Agency to carry out any of the functions referred to in subsection (1) above, a local authority or a development corporation, or any other body of a public nature, on being so requested by the Agency, may place the services of any of their staff at the Agency's disposal, on such terms as may be agreed...

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