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Section 3 Abortive exploratory expenditure connected with overseas enterprises.

United Kingdom

(1)

The Secretary of State may with the consent of the Treasury enter into an agreement with any person carrying on business in the United Kingdom, the Channel Islands or the Isle of Man, or with a company controlled by such a person, under which the Secretary of State undertakes that if the other party to the agreement, or a company controlled by that party—

(a)

incurs expenditure approved by the Secretary of State in considering whether to make an investment of resources of a description so approved in an enterprise carried on or proposed to be carried on in a country other than the United Kingdom, the Channel Islands and the Isle of Man; or

(b)

incurs expenditure approved by the Secretary of State in considering whether to participate in the management of such an enterprise,

and decides not to participate (whether by making an investment or otherwise), the Secretary of State will pay to the other party such sum, not exceeding the amount of the expenditure, as may be provided by the agreement.

(2)

Any such agreement may include such terms as the Secretary of State considers appropriate in the circumstances of the case.

(3)

Any expenses incurred by the Secretary of State by virtue of this section shall be defrayed out of money provided by Parliament.

(4)

Any sum received by the Secretary of State by virtue of an agreement under this section shall be paid into the Consolidated Fund.

(5)

In this section—

(a)

“business” includes a profession;

(b)

references to a company controlled by a person are references to a company so controlled directly or indirectly, and include cases where the person having control is also a company.

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Act repealed (17.6.2002) by 2002 c. 1, s. 19(2), Sch. 4 (with Sch. 5 paras. 1-5); S.I. 2002/1408, art. 2