OpenLegislation

Welsh Development Agency Act 1975 in Northern Ireland

1975 c. 70 · Enacted 12 November 1975 · Extends to United Kingdom

Not fully up to date. 12 changes made by later legislation have not yet been written into this text, which is revised to 30 April 2024.

See the changes not yet applied
ProvisionChangeMade by
s. 27(1)words omittedPlanning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 113(a)(iv)
s. 21A(5)(c)words insertedPlanning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 112
s. 27(1)words substitutedPlanning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 113(a)(i)
s. 27(1)words substitutedPlanning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 113(a)(ii)
s. 27(1)words substitutedPlanning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 113(a)(iii)
s. 27(1A)(1B)omittedPlanning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 113(b)
Sch. 4 para. 3A(c)words insertedPlanning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 114(2)
Sch. 4 para. 11(7)substitutedPlanning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 114(3)
Sch. 4 para. 13(9)substitutedPlanning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 114(4)
Sch. 4 para. 19(2)-(4)omittedPlanning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 114(5)
Sch. 4 para. 22(1)words substitutedPlanning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 114(6)(a)
Sch. 4 para. 22(2)(e)substitutedPlanning (Consequential Provisions) (Wales) Act 2026 Sch. 2 para. 114(6)(b)

Contents

  1. 1Welsh development.
  2. Schedule 1
  3. Disqualification of members of the Agency for House of Commons
  4. 13Paragraph 13
  5. Stamp duty
  6. Circulars
  7. 21Paragraph 21
  8. Borrowing Powers
  9. Borrowing by wholly owned subsidiaries
  10. Guarantees
  11. 1AParagraph 1A
  12. 3BParagraph 3B
  13. Part II: Acquisition by agreement
  14. 4Paragraph 4
  15. Extinguishment of rights over land compulsorily acquired
  16. ...
  17. Use and development of consecrated land and burial grounds
  18. Use and development of land for open spaces
  19. Paragraphs 6 to 8: supplementary
  20. 10Paragraph 10
  21. Extinguishment of rights of way, and rights as to apparatus, of statutory undertakers
  22. Orders under paragraph 11
  23. Part IV: Other provisions
  24. Rights of entry
  25. Displacement of legislation preventing possession
  26. Register of land holdings
  27. Information
  28. Regulations as to form of documents
  29. Local inquiries
  30. Crown land
  31. Offences by corporations
  32. 23Paragraph 23

1Welsh development.F22E1

F1(1)

The functions specified in the following provisions of this Act are conferred upon the National Assembly for Wales (in this Act referred to as the “Assembly”).

(2)

The purposes for which the F2Assembly may exercise F3its functions F4under this Act are—

(a)

to further the economic F5and social development of Wales or any part of Wales F6, and in that connection to provide, maintain or safeguard employment;

(b)

to promote F7efficiency in business and international competitiveness in Wales;

(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8

(d)

to further the improvement of the environment in Wales (having regard to existing amenity).

(3)

Without prejudice to the following provisions of this Act, the functions of the AssemblyF9under this Act shall be—

(a)

to promote Wales as a location F10for businesses, or assist or concert its promotion as such a location;

(b)

to provide finance for persons carrying on or intending to carry on F11businesses;

(c)

to carry on industrial undertakings and to establish and carry on new businesses;

(d)

otherwise to promote or assist the establishment, growth . . . F12, modernisation or development of F13businesses, or a particular business or particular businesses;

F14(da)

to make land available for development;

(e)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15

(f)

to provide sites, premises, services and facilities for businesses;

(g)

to manage sites and premises for businesses;

(h)

to bring derelict land into use or improve its appearance; . . . F16

(i)

to undertake the development and redevelopment of the environment.

F17(j)

to promote the private ownership of interests in businesses by the disposal of securities and other property held by the Assembly or any of its subsidiaries.

(4)

In exercising its functions under this Act the Assembly shall have regard to the requirements of agriculture and efficient land management.

(5)

The Assembly may only exercise functions under subsection (3)(c) above through subsidiaries.

(6)

The Assembly shall have power to do anything, whether in Wales or elsewhere, which is calculated to facilitate the discharge of its functions specified in subsection (3) above, or is incidental or conducive to their discharge.

(7)

In particular, but without prejudice to the generality of subsection (6) above, the Assembly shall have power F18in connection with its functions under this Act—

(a)

to acquire, hold and dispose of securities;

(b)

to form bodies corporate;

(c)

to form partnerships with other persons;

(d)

to make loans;

(e)

to guarantee obligations (arising out of loans or otherwise) incurred by other persons;

(f)

to make grants;

(g)

to act as agent for other persons;

(h)

to acquire and dispose of land, plant, machinery and equipment and other property;

(i)

to manage land, and to develop land and carry out works on land, and to maintain works or assist in their maintenance;

(k)

to make land, plant, machinery and equipment and other property available for use by other persons;

(l)

to provide advisory or other services or facilities in relation to any of its functions, or assist in its provision; and

(m)

to promote or assist in the promotion of publicity relating to any of the functions of the AssemblyF19under this Act.

(8)

F20. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(14)

The Assembly shall, after consultation with such local authorities, National Park authorities and other bodies as appear to the Assembly to have an interest, from time to time prepare and publish programmes for the performance of such of its functions under this Act as it considers appropriate.

(15)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(16)

For the avoidance of doubt it is hereby declared that nothing in this Act is to be construed as authorising the disregard by the Assembly of any enactment or rule of law.

13C1

In Part II of Schedule 1 to the M1 House of Commons Disqualification Act 1975 (bodies of which all members are disqualified), there shall be inserted at the appropriate place in alphabetical order:— “ The Welsh Development Agency ”.

21F1

Section 21(1) of the Financial Services and Markets Act 2000 (restrictions on financial promotion) does not apply to any invitation or inducement to engage in an investment activity (within the meaning of section 21(8) of that Act) which the Agency communicate or cause to be communicated in discharge of their functions.

1AF1

 

(1)

Where a compulsory purchase order is prepared in draft by the Assembly under section 21A(1)(b) or (2)(b) above—

(a)

a notice under paragraph 3 of Schedule 1 to the 1981 Act (notice to owners, lessees and occupiers) shall be served on every relevant local authority;

(b)

each relevant local authority has a right to object in accordance with the notice; and

(c)

the references in paragraphs 4 and 4A of Schedule 1 to that Act to relevant objections include references to an objection made by any relevant local authority.

3BF1

(1)

Where the Welsh Ministers prepare a compulsory purchase order in draft under section 21A(1)(b) or (2)(b), they may include in the draft order a direction that compensation is to be assessed in accordance with section 14A of the Land Compensation Act 1961 (cases where prospect of planning permission to be ignored); and if they do so the following provisions of this paragraph apply.

(2)

The Welsh Ministers must prepare a statement of commitments together with the draft order.

(3)

A “statement of commitments” is a statement of the Welsh Ministers’ intentions as to what will be done with the project land should the acquisition proceed, so far as they rely on those intentions in contending that the direction is justified in the public interest.

(4)

Those intentions must include the provision of a certain number of units of affordable housing.

(5)

The statement under paragraph 3(1)(a) of Schedule 1 to the 1981 Act must include a statement of the effect of the direction; and paragraphs (ba) and (bb) of the same sub-paragraph apply in respect of the statement of commitments as they apply in respect of the draft order.

(6)

The Welsh Ministers may amend the statement of commitments before the compulsory purchase order is made.

(7)

But they may do so—

(a)

only if satisfied that the amendment would not be unfair to any person who made or could have made a relevant objection for the purposes of paragraph 4 of Schedule 1 to the 1981 Act, and

(b)

only if the statement of commitments as amended will still comply with sub-paragraph (4).

(8)

If the Welsh Ministers decide to make the compulsory purchase order in accordance with the applicable provisions of Schedule 1 to the 1981 Act—

(a)

they may make the order with the direction included if satisfied that the direction is justified in the public interest;

(b)

otherwise, they must modify the draft of the order so as to remove the direction.

(9)

If the order is made with the direction included, a making notice under paragraph 6 of Schedule 1 to the 1981 Act must (in addition to the matters set out in sub-paragraph (4) of that paragraph)—

(a)

state the effect of the direction,

(b)

explain how the statement of commitments may be viewed, and

(c)

explain that additional compensation may become payable if the statement of commitments is not fulfilled.

(10)

In this paragraph—

  • “the project land” means—

    1. (a)

      the land proposed to be acquired further to the compulsory purchase order, and

    2. (b)

      any other land that the Welsh Ministers intend to be used in connection with that land;

  • “unit of affordable housing” means a building or part of a building that is constructed or adapted for use as a separate dwelling and—

    1. (a)

      in the case of a building in Wales, is to be used as housing of a description that is set out in regulations made by the Welsh Ministers, or

    2. (b)

      in the case of a building in England, is to be used as—

      1. (i)

        social housing within the meaning of Part 2 of the Housing and Regeneration Act 2008, or

      2. (ii)

        housing of any other description that is set out in regulations made by the Secretary of State.

(11)

A statutory instrument containing regulations under sub-paragraph (10) is subject to annulment in pursuance of a resolution of—

(a)

Senedd Cymru, in the case of regulations made by the Welsh Ministers, or

(b)

either House of Parliament, in the case of regulations made by the Secretary of State.

4F1

The provisions of Part I of the M1Compulsory Purchase Act 1965 (so far as applicable), other than section 31, apply in relation to the acquisition of land by agreement under section 21A above; and in Part I of that Act as so applied “land” has the meaning given by Schedule 1 to the M2Interpretation Act 1978.

10F1

(1)

Nothing in paragraph 7 or 8 above authorises any act or omission on the part of any authority or body corporate in contravention of any limitation imposed by law on their capacity by virtue of their constitution.

(2)

Any power conferred by paragraph 7 or 8 above to use land in a manner mentioned in that paragraph shall be construed as a power to use the land, whether or not it involves the erection, construction or carrying out of any building or work or the maintenance of any building or work.

23F1

(1)

Where an offence under this Schedule which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a)

a director, manager, secretary or other similar officer of the body corporate; or

(b)

any person who was purporting to act in any such capacity,

he, as well as the body corporate, shall be guilty of that offence and liable to be proceeded against accordingly.

(2)

Where the affairs of a body corporate are managed by its members, this paragraph shall apply in relation to acts and defaults of a member in connection with his functions of management as if he were a director of a body corporate.