Government of Wales Bill

Government of Wales Bill - continued	House of Commons

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PART VI

REFORM OF WELSH PUBLIC BODIES

The Welsh Development Agency

Extension of functions.

118. - (1) Section 1 of the Welsh Development Agency Act 1975 (functions of Agency and purposes for which they may be exercised) is amended as follows.

(2) In subsection (2) (purposes for which functions may be exercised)-

(a) in paragraph (a) (furtherance of economic development of Wales or a part of Wales), after "economic" insert "and social", and

(b) in paragraph (b) (promotion of industrial efficiency in Wales), for "industrial efficiency" substitute "efficiency in business".

(3) In subsection (3) (functions)-

(a) in paragraph (a) (promotion of Wales as location of industrial development), for "of industrial development" substitute "for businesses",

(b) in paragraphs (b), (c), (f), (g) and (j) (functions relating to industrial undertakings), for "industrial undertakings" (in each place) substitute "businesses",

(c) in paragraph (d) (promotion etc. of an industry or an undertaking in an industry), for "an industry or any undertaking in an industry" substitute "businesses, or a particular business or particular businesses" , and

(d) after that paragraph insert-

"(da) to make land available for development;".

(4) In subsection (8) (power to make grants not to be used in connection with functions of providing finance for carrying on of industrial undertakings), for "shall not be used in connection with those functions" substitute "may only be exercised in connection with those functions in accordance with a programme approved by the Secretary of State under subsection (15) below".

Land acquisition and disposal etc.

119. Schedule 9 (amendments of Welsh Development Agency Act 1975 and other enactments for conferring on Welsh Development Agency functions relating to the acquisition of land etc.) has effect.

Other amendments.

120. Schedule 10 (other amendments relating to Welsh Development Agency) has effect.

The Development Board for Rural Wales

Cessation of functions.

121. - (1) The functions of the Development Board for Rural Wales shall cease to exist.

(2) Schedule 11 amends enactments relating to that Board in consequence of subsection (1).

Transfer of property, staff etc. to Welsh Development Agency.

122. - (1) There shall be transferred to and vest in the Welsh Development Agency by virtue of this subsection all property, rights and liabilities to which the Development Board for Rural Wales is entitled or subject when the functions of that Board cease to exist.

(2) A certificate issued by the Secretary of State that any property has been transferred by subsection (1) shall be conclusive evidence of the transfer.

(3) Subsection (1) has effect in relation to property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by that subsection.

(4) Subsection (1) does not have effect to continue in force any contract of employment; but the Secretary of State may by order make provision for the transfer of staff of the Development Board for Rural Wales.

(5) An order under subsection (4) may make any appropriate consequential, incidental, supplementary or transitional provisions or savings.

Transitional provisions.

123. - (1) Nothing in section 121 or Schedule 11, or in any repeal made by this Act, affects the validity of anything done by or in relation to the Development Board for Rural Wales before its functions cease to exist.

(2) There may be continued by or in relation to the Welsh Development Agency anything (including legal proceedings) which-

(a) relates to any of the functions of the Development Board for Rural Wales or to any property, rights or liabilities transferred by section 122(1), and

(b) is in the process of being done by or in relation to that Board when its functions cease to exist.

(3) Anything which-

(a) was done by the Development Board for Rural Wales for the purpose of or in connection with any of its functions or with any property, rights or liabilities transferred by section 122(1), and

(b) is in effect immediately before its functions cease to exist,

shall have effect, so far as is required for continuing its effect, as if done by the Welsh Development Agency.

(4) The Welsh Development Agency shall be substituted for the Development Board for Rural Wales in any instruments, contracts or legal proceedings which-

(a) relate to any of the functions of that Board or to any property, rights or liabilities transferred by section 122(1), and

(b) are made or commenced before its functions cease to exist.

Winding-down.

124. - (1) The Development Board for Rural Wales shall give to the Welsh Development Agency all the information, prepare all the documents and do all other things which appear to that Agency appropriate for the purpose of facilitating-

(a) the carrying into effect of sections 122, 123 and 125 and Schedule 11, or

(b) the exercise of any functions conferred or imposed on that Agency by this section;

and the Development Board for Rural Wales may do anything else which appears to it appropriate for that purpose.

(2) The Development Board for Rural Wales shall comply with section 3(1)(e) of the Development of Rural Wales Act 1976 (reports)-

(a) in relation to the last accounting year ending before its functions cease to exist (if it has not done so before then), and

(b) in relation to the period between the end of that accounting year and the time when its functions cease to exist (to which period that provision shall apply as if it were an accounting year).

(3) As from the time when the functions of the Development Board for Rural Wales cease to exist, the Welsh Development Agency shall make available to that Board such facilities as that Board may reasonably require for exercising its functions under this section.

(4) The statement of accounts prepared by the Welsh Development Agency in accordance with paragraph 8(1) of Schedule 3 to the Welsh Development Agency Act 1975 in respect of the accounting year in which the functions of the Development Board for Rural Wales cease to exist shall include a statement of accounts relating to the activities of that Board-

(a) in respect of the last accounting year ending before the time when those functions cease to exist (if that Board has not before that time prepared a statement of accounts in accordance with section 14(1) of the Development of Rural Wales Act 1976 in relation to that accounting year), and

(b) in respect of the period between the end of that accounting year and that time.

(5) The Secretary of State may pay to members of the Development Board for Rural Wales-

(a) any remuneration which he considers appropriate in respect of the performance of their duties as members of that Board after the time when its functions cease to exist, and

(b) any allowances which he determines should be paid to them in respect of expenses properly incurred by them in the performance of those duties after that time.

(6) The Secretary of State may determine that, as from the time when the functions of the Development Board for Rural Wales cease to exist or any later time, the number of members of that Board shall be reduced to a number which he considers appropriate (and may, accordingly, remove any such members from office).

(7) In this section "accounting year" means the period of twelve months ending with 31st March.

Abolition etc.

125. - (1) The Development Board for Rural Wales shall cease to exist when the Secretary of State, being satisfied that its duties under section 124 have been discharged, by order so directs.

(2) No amendment or repeal made by this Act or by virtue of subsection (3) affects-

(a) the continuance of the Development Board for Rural Wales for the purpose of exercising its functions under section 124, or

(b) the continued operation for that purpose of any enactment relating to the Development Board for Rural Wales.

(3) The Secretary of State may by order make any consequential, incidental, supplementary or transitional provisions, and any savings, which appear to him to be appropriate in consequence of or otherwise in connection with-

(a) the functions of the Development Board for Rural Wales ceasing to exist under section 121,

(b) the transfer of property, rights and liabilities of that Board by section 122(1),

(d) the repeal by this Act of any provision of the Development of Rural Wales Act 1976.

(4) An order under subsection (3) may include provisions in the form of amendments or repeals of any of sections 121 to 124, Schedule 11 or any other enactment.

The Land Authority for Wales

Cessation of functions.

126. The functions of the Land Authority for Wales shall cease to exist.

Consequential amendments.

127. - (1) The following amendments relating to the Land Authority for Wales have effect in consequence of section 126.

(2) In-

(a) paragraph 1(2)(xxiv) of Schedule 25 to the Water Act 1989,

(b) paragraph 1(1)(xxxiv) of Schedule 16 to the Electricity Act 1989, and

(which deem persons to be statutory undertakers for the purposes of certain enactments), for "Parts XII and" substitute "Part".

(3) In section 31(1)(c) of the Acquisition of Land Act 1981 (acquisition under certain provisions of statutory undertakers' land without a certificate), for "said Act of" substitute "Local Government, Planning and Land Act".

Transfer of property, staff etc. to Welsh Development Agency.

128. - (1) There shall be transferred to and vest in the Welsh Development Agency by virtue of this subsection all property, rights and liabilities to which the Land Authority for Wales is entitled or subject when the functions of that Authority cease to exist.

(2) A certificate issued by the Secretary of State that any property has been transferred by subsection (1) shall be conclusive evidence of the transfer.

(4) Subsection (1) does not have effect to continue in force any contract of employment; but the Secretary of State may by order make provision for the transfer of staff of the Land Authority for Wales.

(5) An order under subsection (4) may make any appropriate consequential, incidental, supplementary or transitional provisions or savings.

Transitional provisions.

129. - (1) Nothing in section 126 or 127, or in any repeal made by this Act, affects the validity of anything done by or in relation to the Land Authority for Wales before its functions cease to exist.

(2) There may be continued by or in relation to the Welsh Development Agency anything (including legal proceedings) which-

(a) relates to any of the functions of the Land Authority for Wales or to any property, rights or liabilities transferred by section 128(1), and

(b) is in the process of being done by or in relation to that Authority when its functions cease to exist.

(3) Anything which-

(a) was done by the Land Authority for Wales for the purpose of or in connection with any of its functions or with any property, rights or liabilities transferred by section 128(1), and

(b) is in effect immediately before its functions cease to exist,

shall have effect, so far as is required for continuing its effect, as if done by the Welsh Development Agency.

(4) The Welsh Development Agency shall be substituted for the Land Authority for Wales in any instruments, contracts or legal proceedings which-

(a) relate to any of the functions of that Authority or to any property, rights or liabilities transferred by section 128(1), and

(b) are made or commenced before its functions cease to exist.

Winding-down.

130. - (1) The Land Authority for Wales shall give to the Welsh Development Agency all the information, prepare all the documents and do all other things which appear to that Agency appropriate for the purpose of facilitating-

(a) the carrying into effect of sections 126 to 129 and section 131, or

(b) the exercise of any functions conferred or imposed on that Agency by this section;

and the Land Authority for Wales may do anything else which appears to it appropriate for that purpose.

(2) The Land Authority for Wales shall comply with paragraph 6 of Schedule 21 to the Local Government, Planning and Land Act 1980 (reports)-

(a) in relation to the last accounting year ending before its functions cease to exist (if it has not done so before then), and

(b) in relation to the period between the end of that accounting year and the time when its functions cease to exist (to which period that paragraph shall apply as if it were an accounting year).

(3) As from the time when the functions of the Land Authority for Wales cease to exist, the Welsh Development Agency shall make available to that Authority such facilities as that Authority may reasonably require for exercising its functions under this section.

(4) The statement of accounts prepared by the Welsh Development Agency in accordance with paragraph 8(1) of Schedule 3 to the Welsh Development Agency Act 1975 in respect of the accounting year in which the functions of the Land Authority for Wales cease to exist shall include a statement of accounts relating to the activities of that Authority-

(a) in respect of the last accounting year ending before the time when those functions cease to exist (if that Authority has not before that time prepared a statement of accounts in accordance with paragraph 3 of Schedule 21 to the Local Government, Planning and Land Act 1980 in relation to that accounting year), and

(b) in respect of the period between the end of that accounting year and that time.

(5) The Secretary of State may pay to members of the Land Authority for Wales-

(a) any remuneration which he considers appropriate in respect of the performance of their duties as members of that Authority after the time when its functions cease to exist, and

(b) any allowances which he determines should be paid to them in respect of expenses properly incurred by them in the performance of those duties after that time.

(6) The Secretary of State may determine that, as from the time when the functions of the Land Authority for Wales cease to exist or any later time, the number of members of that Authority shall be reduced to a number which he considers appropriate (and may, accordingly, remove any such members from office).

(7) In this section "accounting year" means the period of twelve months ending with 31st March.

Abolition etc.

131. - (1) The Land Authority for Wales shall cease to exist when the Secretary of State, being satisfied that its duties under section 130 have been discharged, by order so directs.

(2) No amendment or repeal made by this Act or by virtue of subsection (3) affects-

(a) the continuance of the Land Authority for Wales for the purpose of exercising its functions under section 130, or

(b) the continued operation for that purpose of any enactment relating to the Land Authority for Wales.

(a) the functions of the Land Authority for Wales ceasing to exist under section 126,

(b) the transfer of the property, rights and liabilities of that Authority by section 128(1), or

(4) An order under subsection (3) may include provisions in the form of amendments or repeals of any of sections 126 to 130 or any other enactment.

Prepared 27 November 1997