Regional Development Agencies Bill

Regional Development Agencies Bill - continued	House of Commons
PART I, REGIONAL DEVELOPMENT AGENCIES - continued
Financial arrangements - continued

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Accounts and records.	14. - (1) A regional development agency shall-
	(a) keep proper accounts and proper accounting records, and
	(b) prepare in respect of each accounting period a statement of accounts giving a true and fair view of the state of affairs and the income and expenditure of the agency.
	(2) Every statement of accounts prepared under subsection (1) shall comply with any requirement which the Secretary of State has, with the consent of the Treasury, notified in writing to the agency and which relates to any of the following matters, namely-
	(a) the information to be contained in the statement,
	(b) the manner in which that information is to be presented, or
	(c) the methods and principles according to which the statement is to be prepared.
	(3) Subject to subsections (4) and (5), "accounting period", in relation to a regional development agency, means a period beginning with 1st April and ending with the next 31st March.
	(4) The Secretary of State may, in relation to an accounting period of a regional development agency, direct that the period shall end with such date other than the next 31st March as may be specified in the direction.
	(5) Where the Secretary of State has given a direction under subsection (4), the following accounting period of the agency to which the direction was given shall begin with the day after the date specified in the direction and, subject to any further direction under subsection (4), shall end with the next 31st March.
	(6) In this section, "accounting records", in relation to a regional development agency, includes all books, papers and other records of the agency relating to, or to matters dealt with in, the accounts required to be kept by this section.
Audit.	15. - (1) The accounts of a regional development agency for each accounting period shall be audited by the Comptroller and Auditor General.
	(2) A copy of-
	(a) any accounts of a regional development agency which are audited under subsection (1), and
	(b) the report made on those accounts by the Comptroller and Auditor General,
	shall be sent to the Secretary of State as soon as reasonably practicable after the report is received by the agency; and the Secretary of State shall lay before each House of Parliament a copy of those accounts and that report.
	(3) In this section-
	"accounting period" and "accounting records" have the same meanings as in section 14; and
	references to accounts, in relation to a regional development agency, include any statement prepared by it under that section.
	Information, reports and accountability
Provision of information etc. to the Secretary of State.	16. A regional development agency shall provide the Secretary of State with such information, advice and assistance as he may require.
Annual report.	17. - (1) As soon as reasonably practicable after the end of each accounting period, a regional development agency shall prepare a report on its activities during that period and shall send a copy of that report to the Secretary of State.
	(2) A report under this section shall-
	(a) be in such form and contain such information as the Secretary of State may specify by directions to the agency, and
	(b) set out any other directions given to the agency under this Part during the period to which the report relates.
	(3) Following receipt of a report under this section, the Secretary of State shall lay a copy of it before each House of Parliament and arrange for copies of it to be published in such manner as he considers appropriate.
	(4) In this section, "accounting period" has the same meaning as in section 14.
Regional accountability.	18. - (1) The Secretary of State may by directions require a regional development agency for which there is a regional chamber under section 8(1)-
	(a) to supply the chamber with information of such description as may be specified in the directions,
	(b) to answer questions put by the chamber about information supplied to it by the agency and to do so in such manner as may be so specified, and
	(c) to take such other steps for the purpose of accounting to the chamber for the exercise of its functions as may be so specified.
	(2) A regional development agency shall hold a public meeting within such period after the publication of its annual report as the Secretary of State may by directions specify.
	(3) A regional development agency shall give such notice of a meeting held for the purposes of subsection (2) as the Secretary of State may by directions specify and publish it in such manner as he may so specify.
	(4) The Secretary of State may give a regional development agency guidance and directions with respect to the conduct of a meeting held for the purposes of subsection (2).
	Vesting and acquisition of land
Vesting of land by order.	19. - (1) The Secretary of State may, in relation to land in England, by order made by statutory instrument provide that land specified in the order which is vested in a local authority or other public body or in a wholly-owned subsidiary of a public body shall vest in a regional development agency.
	(2) An order under subsection (1) may not specify land vested in statutory undertakers which is used for the purpose of carrying on their statutory undertakings or which is held for that purpose.
	(3) In the case of land vested in statutory undertakers, the power to make an order under subsection (1) shall be exercisable by the Secretary of State and the appropriate Minister.
	(4) The reference in subsection (3) to the Secretary of State and the appropriate Minister shall-
	(a) in relation to statutory undertakers who are or are deemed to be statutory undertakers for the purposes of any provision of Part XI of the Town and Country Planning Act 1990, be construed as if contained in that Part, and
	(b) in relation to any other statutory undertakers, be construed in accordance with an order made by the Secretary of State.
	(5) If, for the purposes of subsection (3), any question arises as to which Minister is the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury.
	(6) An order under subsection (1) shall have the same effect as a declaration under the Compulsory Purchase (Vesting Declarations) Act 1981 except that, in relation to such an order, the enactments mentioned in Schedule 4 shall have effect subject to the modifications specified there.
	(7) Compensation under the Land Compensation Act 1961, as applied by subsection (6) and Schedule 4, shall be assessed by reference to values current on the date the order under subsection (1) comes into force.
	(8) No compensation is payable under Part IV of the Land Compensation Act 1961 by virtue of an order under subsection (1).
	(9) No order under subsection (1) shall be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.
	(10) In this section-
	"local authority" also includes a county borough council and a parish council;
	"statutory undertakers", except where the context otherwise requires, means-
	(a) persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of hydraulic power,
	(b) a relevant airport operator (within the meaning of the Airports Act 1986),
	(c) British Shipbuilders, the Civil Aviation Authority and the Post Office,
	(d) any other authority, body or undertakers specified in an order made by the Secretary of State by statutory instrument, and
	(e) any wholly-owned subsidiary of any person, authority or body mentioned in paragraphs (a) to (c) or of any authority, body or undertakers specified in an order under paragraph (d),
	and "statutory undertaking" shall be construed accordingly;
	"wholly-owned subsidiary" has the meaning given by section 736 of the Companies Act 1985.
	(11) A statutory instrument containing an order under subsection (4) or (10) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Acquisition of land.	20. - (1) A regional development agency may for its purposes, or for purposes incidental thereto, acquire land by agreement or, on being authorised to do so by the Secretary of State, compulsorily.
	(2) A regional development agency may, for those purposes, be authorised by the Secretary of State, by means of a compulsory purchase order, to acquire compulsorily such new rights over land as are specified in the order.
	(3) Where the land referred to in subsection (1) or (2) forms part of a common, open space or fuel or field garden allotment, a regional development agency may acquire (by agreement or, on being authorised to do so by the Secretary of State, compulsorily) land for giving in exchange for the land or, as the case may be, rights acquired.
	(4) The Acquisition of Land Act 1981 shall apply to the compulsory acquisition of land by virtue of subsection (1) or (3), subject to the modifications specified in Part I of Schedule 5.
	(5) Schedule 3 to that Act shall apply to the compulsory acquisition of a right by virtue of subsection (2), but with the modification that the reference in paragraph 4(3) to statutory undertakers includes a reference to a regional development agency.
	(6) Part II of Schedule 5 (which applies the Compulsory Purchase Act 1965 to the acquisition of rights by virtue of subsection (2)) shall have effect.
	(7) The provisions of Part I of that Act (so far as applicable), other than section 31, shall apply to the acquisition of land by a regional development agency by agreement; and, in that Part as so applied, "land" has the meaning given by the Interpretation Act 1978.
	(8) In subsection (2)-
	"new rights over land" means rights over land which are not in existence when the order specifying them is made;
	"compulsory purchase order" has the same meaning as in the Acquisition of Land Act 1981.
Rights of entry.	21. - (1) Any person who is duly authorised in writing by a regional development agency may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with-
	(a) any proposal by the agency to acquire the land or any other land, or
	(b) any claim for compensation in respect of any such acquisition.
	(2) A person authorised under this section to enter any land shall, if so required, produce evidence of his authority before entry.
	(3) A person may only exercise a right under this section to enter any land if at least 28 days' notice of the intended entry was given to every owner or occupier of the land.
	(4) A notice under subsection (3) shall-
	(a) state the purpose for which entry is required, and
	(b) inform the person to whom it is given of his rights under this section.
	(5) The power under subsection (1) to survey land includes power to search, bore and remove soil samples for the purpose of ascertaining the nature of the subsoil or the presence in it of minerals or pollutants.
	(6) No person shall carry out under this section any works authorised by virtue of subsection (5) unless notice of his intention to do so was included in the notice under subsection (3).
	(7) The authority of the appropriate Minister shall be required for the carrying out under this section of works authorised by virtue of subsection (5) if the land in question is held by statutory undertakers and they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking.
	(8) Where any land is damaged-
	(a) in the exercise of a right of entry conferred under this section, or
	(b) in the making of any survey for the purpose of which any such right of entry has been so conferred,
	compensation in respect of the damage may be recovered by any person interested in the land from the regional development agency which authorised the exercise of the powers conferred by this section.
	(9) The provisions of section 118 of the Town and Country Planning Act 1990 (determination of claims for compensation) shall apply in relation to compensation under subsection (8) as they apply in relation to compensation under Part IV of that Act.
	(10) In subsection (3), "owner" has the same meaning as in the Acquisition of Land Act 1981.
	(11) Expressions used in subsection (7) have the same meanings as they have in section 325(9) of the Town and Country Planning Act 1990 (supplementary provisions as to rights of entry).
Offences in relation to rights of entry.	22. - (1) Any person who intentionally obstructs a person acting in exercise of his powers under section 21 commits an offence and shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
	(2) Any person who is admitted into a factory, workshop or workplace in compliance with the provisions of section 21 commits an offence if he discloses to any person any information obtained by him in it as to any manufacturing process or trade secret.
	(3) Subsection (2) does not apply if the disclosure is made by a person in the course of performing his duty in connection with the purpose for which he was authorised to enter the premises.
	(4) A person who is guilty of an offence under subsection (2) shall be liable-
	(a) on summary conviction, to a fine not exceeding the statutory maximum;
	(b) on conviction on indictment, to imprisonment for a term not exceeding 2 years or to a fine or to both.
Supplementary provisions.	23. Schedule 6 (which contains supplementary provisions about land vested in or acquired by a regional development agency under this Act) shall have effect.
	Designation orders and their effect
Power to make designation orders.	24. - (1) This section applies to any part of the area of a regional development agency which, in the opinion of the Secretary of State, is suitable for regeneration or development.
	(2) Where, as respects any area to which this section applies, it appears to the Secretary of State-
	(a) that all or any of the provisions authorised by section 25 should be made in relation to the whole or any part of it, or
	(b) that either or both of sections 26 and 27 should apply in relation to it,
	the Secretary of State may by order made by statutory instrument designate that area and either so make the provision or provisions, or direct that the section or sections shall so apply, or (as the case may require) do both of those things.
	(3) In this Act, "designation order" means an order under this section and "designated area" means, subject to subsection (7), an area designated by a designation order.
	(4) Before making a designation order the Secretary of State shall consult every local authority any part of whose area is intended to be included in the proposed designated area.
	(5) A designation order may contain such savings and transitional and supplementary provisions as may be specified in the order.
	(6) No designation order shall be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.
	(7) The power to amend a designation order conferred by section 14 of the Interpretation Act 1978 includes power to amend the boundaries of the designated area; and where any such amendment is made, any reference in this Act to a designated area is a reference to the designated area as so amended.

Prepared 25 February 1998