OpenLegislation

Section 8 Amendment or termination of provision for a development council.P1

England, Wales and Scotland

P2(1)

An order may be made by the Board or Minister concerned, after consultation with the development council and subject to the like provisions as to consultation and approval by each House of Parliament as apply, by virtue of subsections (3) and (6) of section one of this Act, to the making of a development council order,—

(a)

for the amendment of such an order, whether as originally made or as amended by a previous order under this paragraph; or

(b)

for the dissolution of a development council.

(2)

At the request of the development council provision may be made by an amending order under this section for assigning to the council functions for whose exercise by the council it appears to the Board or Minister concerned to be expedient to provide for any of the purposes mentioned in subsection (1) of section one of this Act, being functions of a kind similar to those specified in the First Schedule to this Act or such as appear to the Board or Minister concerned to be capable of being conveniently exercised in association with functions of a kind specified in that Schedule which have been assigned to the council or are to be assigned to them by the amending order:

Provided that the functions which may be assigned to a development council under this subsection shall not include any functions relating to remuneration or conditions of employment.

(3)

At a date not later than the expiration of three years from the coming into effect of a development council order, and at five-yearly intervals during the period whilst the development council continues in being after that date, the Board or Minister concerned shall consult the council and such organisations as are mentioned in subsection (3) of section one of this Act on the question whether the council should continue in being, and if it is to continue in being, on the question whether the development council order should be amended in any respect.

(4)

An order for the dissolution of a development council shall make provision—

(a)

for the winding up of the council, for the imposition and recovery of charges as under section four of this Act for the purpose of raising any amount by which the assets of the council may be insufficient to meet their liabilities and the expenses of the winding up, and for the application of any amount by which those assets may exceed those liabilities and expenses for specified purposes connected with the industry; and

(b)

for the revocation of the development council order either with or without savings.

Annotations

Subordinate legislation made

P1

S. 8 : for exercises of power previous to 1.2.1991 see Index to Government Orders.

P2

S. 8(1): power exercised (11.12.1991) by S.I.1991/2828.