Section 2 Powers of statutory bodies in relation to furnishing of assistance.

United Kingdom

(1)

Subject to the following provisions of this section—

each of the bodies specified in Schedule 1 to this Act shall have power to enter into and carry out agreements with the Minister responsible for overseas development under which the body are to act, at the expense of that Minister, as the instrument by means of which technical assistance is furnished by the Minister under section 1(1) above;

(b)

each of the bodies specified in Part II of that Schedule (all of which are constituted under the M1National Health Service Act 1977) and each of the bodies specified in Part III of that Schedule (which are constituted under other enactments) shall have power, in addition to the power conferred by paragraph (a) above, to enter into and carry out agreements under which the body, for any purpose specified in section 1(1) above, are to furnish technical assistance in a country or territory outside the United Kingdom against reimbursement to them of the cost of furnishing that assistance; and

(c)

each of the bodies specified in Part IV of that Schedule (all of which are constituted under the M2National Health Service (Scotland) Act 1978) shall have power, in addition to the power conferred by paragraph (a) above, to enter into and carry out agreements under which the body, for any purpose specified in section 1(1) above, are to furnish to any authority or person outside the United Kingdom, on such terms as to payment as may be agreed, technical or any other assistance, other than financial assistance.

(2)

The powers conferred by subsection (1) above may only be exercised by a body F2. . . if the appropriate consent is given.

(3)

In this section “appropriate consent” means—

(a)

in relation to the exercise of the power conferred by subsection (1)(a) above—

(i)

by the British Tourist Authority;

(ii)

by the English Tourist Board;

(iii)

by the Scottish Tourist Board; or

(iv)

by the Wales Tourist Board,

the consent of the relevant Minister as defined in section 1(6) of the M3Development of Tourism Act 1969;

F3aa>

in relation to the exercise of that power by the Sea Fish Industry Authority, the consent of the Ministers as defined in section 14(1) of the Fisheries Act 1981;

(b)

in relation to any other exercise of that power, the consent of the Secretary of State; and

(c)

in relation to any exercise of the powers conferred by subsection (1)(b) and (c) above, the consent of the Secretary of State and the Minister responsible for overseas development.

(4)

Before giving consent in relation to any technical assistance proposed to be furnished by the F4British Coal Corporation, the Secretary of State or, as the case may be, the Secretary of State and the Minister responsible for overseas development shall take into account any alternative resources in the United Kingdom which may be available in that behalf.

C2(5)

The following subsection shall be substituted for subsection (6) of section 11 of the Coal Industry Act 1977 (which relates to the overseas activities of the National Coal Board):—

“(6)
Subsection (4) above shall not apply to anything done with consent given under section 2(2) of the Overseas Development and Co-operation Act 1980 (powers of statutory bodies in relation to furnishing assistance to, or for the benefit of, overseas countries).”

(6)

In this section “the Minister responsible for overseas development” means the Secretary of State for the time being discharging the functions conferred by section 1 above.

Annotations

Textual amendments

F1: S. 2(1)(a)(c) applied (with modifications)(S.) (1.4.1993) by S.I. 1993/577, art. 5(1)(2), Sch. Pt. II.
F2: Words in s. 2(2) repealed (26.3.2001) by 2001/1149, Sch. 2 (with art. 4(11))
F3: S. 2(3)(aa) inserted by Fisheries Act 1981 (c. 29, SIF 52:1), s. 3(6)
F4: Words substituted by Coal Industry Act 1987 (c. 3, SIF 86), s. 1(2), Sch. 1 para. 37

Marginal citations

M1: 1977 c. 49.
M2: 1978 c. 29.
M3: 1969 c. 51.

Modifications

C1

S. 2(1)(a)(c) applied by S.I. 1990/2639, art. 5(1), Sch. Pt. II

S. 2(1)(a)(c) applied (S.) (1.4.1999) by S.I. 1999/686, art. 5(1)(2), Sch. Pt. II

S. 2(1)(a)(c) applied (S.) (1.4.1999) by S.I. 1999/726, art. 5(1)(2), Sch. Pt. II

S. 2(1)(a)(c) applied (S.) (1.4.2000) by S.S.I. 2000/47, art. 5(1)(2), Sch. Pt. II

S. 2(1)(a)(c) applied (S.) (31.3.2002) by S.S.I. 2002/103, arts. 1(2), 6, Sch. Pt. II (with art. 4(4))

C2

The text of ss. 2(5), 18(1)(3), Sch. 2 Pt. I, Pt. II is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991

Notes on the whole Act

Textual amendments

F1: Act repealed (17.6.2002) by 2002 c. 1, s. 19(2), Sch. 4 (with Sch. 5 paras. 1-5); S.I. 2002/1408, art. 2