Scottish Development Agency Act 1975

Establishment and functions of the Agency

The Scottish Development Agency.

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• (1) For the purpose of furthering the development of Scotland’s economy and improving its environment, there shall be established a body to be called the Scottish Development Agency (in this Act referred to as “the Agency”) which shall have the functions specified in the following provisions of this Act.

• (2) The Agency shall consist of a chairman and not less than eight nor more than twelve other members.

• (3) Subject to subsections (6) and (7) below, the chairman and other members of the Agency shall be appointed by the Secretary of State.

• (4) The members of the Agency shall be appointed from among persons who appear to the Secretary of State to have a wide experience of, and to have shown capacity in, industry, banking, accounting or finance, environmental matters, local government or the representation of workers, or any other field of activity which the Secretary of State considers is relevant to the discharge of the functions of the Agency.

• (5) The Secretary of State may appoint one or more of the Agency’s members to be deputy chairman or deputy chairmen.

• (6) The Secretary of State, after consultation with the chairman or chairman-designate of the Agency, shall make the first appointment of chief executive of the Agency, and thereafter the Agency may, with the approval of the Secretary of State, make subsequent appointments to that office.

• (7) The chief executive shall ex officio be a member of the Agency.

• (8) It is hereby declared that the Agency shall not be regarded as the servant or agent of the Crown or as enjoying any status, immunity or privilege of the Crown, and that the Agency’s property is not to be regarded as the property of, or property held on behalf of, the Crown.

• (9) The Agency shall not be exempt, except as provided by paragraph 18 of Schedule 1 to this Act, from any tax, duty, rate, levy or other charge whatsoever, whether general or local.

• (10) Schedule 1 to this Act shall have effect with respect to the constitution and proceedings of the Agency and other matters relating to the Agency and their members and staff.

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• (1) The purposes for which the Agency may exercise their functions in relation to Scotland or any part thereof are—

• (a) furthering economic development ,including in that connection the provision, maintenance or safeguarding of employment;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) the promotion of industrial efficiency and international competitiveness; and

• (d) furthering the improvement of the environment.

• (2) The functions of the Agency shall be—

• (a) providing or assisting in the provision of finance to persons carrying on or intending to carry on industrial undertakings;

• (b) carrying on, or establishing and carrying on, whether by themselves or jointly with any other person, industrial undertakings;

• (c) otherwise promoting or assisting the establishment, growth, . . . , modernisation or development of industry or any undertaking in an industry;

• (d) providing or adapting sites and providing, adapting, modernising or reconstructing premises for industrial undertakings, or assisting any other person to do any of those things, and providing or assisting in the provision of related services or facilities;

• (e) managing or assisting in the management of sites and premises for industrial undertakings;

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) undertaking or assisting the undertaking of the development, re-development and improvement of the environment;

• (h) bringing derelict land into use or improving its appearance; . . .

• (i) such other functions as are conferred by or under this Act.

• (j) promoting the private ownership of interests in industrial undertakings by the disposal of securities and other property held by the Agency or any of their subsidiaries.

• (3) The Agency may do anything, whether in Scotland or elsewhere, which is calculated to facilitate the discharge of their functions or is incidental or conducive to their discharge.

• (4) In particular, but without prejudice to the aforesaid generalities, and subject to subsections (6) and (7) below, the Agency shall have power—

• (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 premises, plant, machinery and equipment, and other property;

• (i) to manage land, to develop land or to carry out works on land, and to maintain or assist in the maintenance of any such works;

• (j) to make land, premises, plant, machinery and equipment and other property available for use by other persons;

• (k) to reclaim land from the sea;

• (l) to provide or assist in the provision of advisory or other services or facilities for any person or undertaking; and

• (m) to promote or assist in the promotion of publicity relating to the functions of the Agency.

• (5) The functions of the Agency mentioned in subsection (2)(b) above may only be exercised through a company within the meaning of the Companies Act 1948 or through a partnership firm.

• (6) Except with the approval of the Secretary of State, the powers mentioned in subsection (4)(a) to (e) above may only be exercised in connection with the Agency’s functions mentioned in subsection (2)(a) and (b) above.

• (7) The power to make grants conferred by subsection (4)(f) above may only be exercised with the consent of the Secretary of State or in accordance with a general authority given by him.

• (8) The powers conferred on the Agency by this Act shall be exercisable in relation to land not belonging to them on such terms as may be arranged by agreement with all persons having an interest in the land.

• (9) In exercising their functions the Agency shall have regard to the requirements of agriculture and efficient land management and to the desirability of safeguarding the environment.

• (10) For the avoidance of doubt, it is hereby declared that nothing in this Act is to be construed as authorising the disregard by the Agency of any enactment or rule of law.

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The Agency shall have power—

• (a) to make such charge for any of their services as they think fit;

• (b) to accept any gift or grant made to them for the purposes of any of their functions and, subject to the terms of the gift or grant and to the provisions of this Act, to apply it for those purposes;

• (c) to carry out or commission the carrying out of such enquiries, investigations or researches as the Agency may deem necessary or expedient for the purposes of their functions.

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• (1) After consulting with the Agency, the Secretary of State may give the Agency directions of a general or specific character as to the exercise of their functions; and it shall be the duty of the Agency to give effect to any such directions.

• (2) Subject to paragraph 9(3) of Schedule 2 to this Act, when the Secretary of State gives a direction under this section he shall either—

• (a) lay a copy of the direction before each House of Parliament within 28 days of giving it; or

• (b) lay a copy later, but lay with it a statement of the reason why a copy was not laid within 28 days.

• (3) The Agency’s report for any financial year shall set out any direction given under this section during that year.

Various powers of the Agency

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• (1) The Agency shall exercise its powers of providing or managing industrial sites and premises and related facilities in accordance with arrangements to be approved by the Secretary of State.

• (2) Any such arrangement may provide that, if it appears to the Secretary of State that there are circumstances which justify the giving of special assistance, he may authorise the Agency to provide premises for the occupation of an undertaking free of rent for such time as the Secretary of State thinks appropriate.

• (3) Without prejudice to the generality of subsection (1) above, the Secretary of State may authorise the Agency to undertake or assist in the provision of means of access or other services or facilities in or for an area where this appears to him to be expedient for the purpose of contributing to or supporting the development of industry in that area.

• (4) Section 36 of the New Towns (Scotland) Act 1968 (winding up of development corporation) shall have effect as respects the Agency as it has effect as respects local authorities and, accordingly, any reference in that section to local authorities (except the reference to areas of such authorities) shall be construed as including a reference to the Agency.

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• (1) For the purposes mentioned in section 2(2)(g) of this Act, the Agency shall, after consultation with such local authorities, statutory and other bodies as appear to the Agency to have an interest, from time to time prepare and submit to the Secretary of State for his approval proposals for the development, re-development or improvement of any area.

• (2) The Secretary of State may approve, in whole or in part, or with modifications, any proposals submitted to him under subsection (1) above, or may refuse to approve them, and any such approval may be given in relation to a specific act of the Agency or in relation to all acts of a class or description specified in the approval, and may be given subject to such conditions as may be so specified.

• (3) The Agency, either by themselves or by agents or in conjunction with any other person, may implement or assist in implementing proposals approved under this section.

• (4) The Agency may appoint any person to act as the agent of the Agency for the purposes of this section.

• (5) The Secretary of State may, if he considers it expedient, and subject to subsection (6) below, incorporate in his approval under subsection (2) above a direction that the approval shall have effect as planning permission for the development, and any such direction shall have effect and the provisions of the Town and Country Planning (Scotland) Act 1972 shall apply as if it were planning permission granted by the Secretary of State under section 32 of that Act and as if any conditions to which the approval is subject, being conditions which could have been imposed by the Secretary of State under the said section 32, were conditions of that planning permission.

• (6) Before making any direction under subsection (5) above, the Secretary of State shall consult each planning authority concerned, advertise the development proposed, consider any representations in relation thereto and may cause a local inquiry to be held in connection therewith.

• (7) Section 267 of the Town and Country Planning (Scotland) Act 1972 shall apply to a local inquiry held by virtue of subsection (6) above as it applies to a local inquiry held by virtue of that section.

• (8) The Agency may make payments of such amount and in such manner as they may, with the approval of the Secretary of State and the Treasury determine, to any person towards the cost of carrying out works specified in proposals approved under this section.

• (9) Without prejudice to the generality of subsection (8) above, the Agency may make payments to a local authority in accordance with arrangements approved by the Secretary of State, with the consent of the Treasury, in respect of any expenses incurred by that authority in acquiring land, undertaking clearance or carrying out preliminary development works for the purposes of proposals approved under this section, but payments may not be made under this subsection to the extent that grants have been or are to be made to the authority by virtue of sections 237 to 239 of the Town and Country Planning (Scotland) Act 1972 in respect of the acquisition of such land, and grants shall not be made by virtue of the said sections to the extent that payments have been or are to be made to the authority by the Agency under this subsection.

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• (1) Where it appears to the Agency that land is derelict, neglected or unsightly and that steps should be taken for the purpose of enabling the land (in this Act referred to as “derelict land”) to be brought into use or of improving its appearance, the Agency shall, in accordance with arrangements approved by the Secretary of State, exercise the powers conferred by this section.

• (2) The Agency may acquire, by agreement or compulsorily, the derelict land and any other land, whether or not adjacent to the derelict land, whose acquisition is reasonably required for the purpose of bringing into use or improving the appearance of the derelict land, and may carry out on the derelict land and other land such works as appear to them to be expedient for the purpose of enabling the land to be brought into use or of improving its appearance.

• (3) After carrying out works on land under this section, the Agency may dispose of the land free of charge to a local authority or to a development corporation within the meaning of the New Towns (Scotland) Act 1968 for the purpose of use of the land as a public open space.

• (4) The Agency may appoint a local authority or other public body to act as their agent for the purposes of this section, and any such authority or body so appointed may exercise any of the powers of the Agency under this section other than the power of the Agency to acquire land compulsorily or to dispose of land under subsection (3) above.

• (5) Where the Agency exercise or propose to exercise their powers under this section in connection with land as respects which a local authority have before the appointed day incurred expenditure in the exercise of similar powers, the Agency may, if they think fit, pay to the authority concerned the amount of that expenditure or any part thereof.

• (6) The Agency’s powers under this section shall be exercisable on and after such date as the Secretary of State may by order appoint (in this section referred to as “the appointed day”).

• (7) Section 8(3)and (5) of the Local Employment Act 1972(derelict land) shall cease to have effect on the appointed day,except in the case of schemes as respects which an offer of grant hasbeen made by the Secretary of State and the scheme to which it relateshas been a subject of a tender accepted by the local authorityconcerned before that day.

• (8) On the appointed day section 10 of the Local Government(Scotland) Act 1966 (derelict land) and section 67(1)(c) of the Countryside (Scotland) Act 1967 (so far as relating to section2(1)(b) of the Local Government (Development and Finance)(Scotland Act 1964) shall cease to have effect, except in the case ofschemes as respects which an offer of grant has been made by theSecretary of State and the scheme to which it relates has been thesubject of a tender accepted by the local authority concerned beforethat day.

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• (1) Subject to subsection (4) below, for or in connection with the performance of any of their functions under this Act, the Agency may, in accordance with arrangements made with the Secretary of State—

• (a) by agreement acquire land, whether by way of purchase, feu, lease or excambion;

• (b) acquire land compulsorily;

• (c) hold and manage land acquired by them and dispose of, or otherwise deal with, such land.

• (2) Except as provided in section 8(3) of this Act, the Agency shall not, except with the consent of the Secretary of State, dispose of or grant a lease of land for a consideration less than the best that can reasonably be obtained.

• (3) For the purpose of the acquisition of land by agreement by the Agency, the Lands Clauses Acts (except the provisions relating to the purchase of land otherwise than by agreement and the provisions relating to access to the special Act, and except sections 120 to 125 of the Lands Clauses Consolidation (Scotland) Act 1845) and sections 6 and 70 of the Railways Clauses Consolidation (Scotland) Act 1845 and sections 71 to 78 of that Act, as originally enacted and not as amended for certain purposes by section 15 of the Mines (Working Facilities and Support) Act 1923, shall be incorporated with this section, and in construing those Acts for the purposes of this section, this section shall be deemed to be the special Act, and the Agency to be the promoters of the undertaking or company, as the case may require.

• (4) Where the Agency propose to acquire land compulsorily for or in connection with the carrying on of industrial undertakings in any area, they may acquire only such land as appears to them to be necessary to secure an adequate supply of land for industrial undertakings in that area.

• (5) The Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947 shall apply in relation to the compulsory purchase of land by the Agency as if this Act had been in force immediately before the commencement of that Act and as if the Agency were a local authority within the meaning of that Act.

• (6) The power of the Agency to acquire land compulsorily under this Act shall include power to acquire a servitude or other right in or over land by the creation of a new right.

• (7) For the purposes of section 278 of the Town and Country Planning (Scotland) Act 1972 (general vesting declarations), the Agency shall be deemed to be a public authority to which that section applies.

Powers of entry.

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• (1) Subject to subsection (2) below, any person duly authorised in writing by . . . the Agency may, at any reasonable time, enter upon land in order to survey it—

• (a) where the Agency have under consideration the lease or purchase of the land;

• (b) for the purpose of the erection of buildings or other structures, or the carrying out of works or other operations on the land or the provision of equipment and services on or in connection with the land;

• (c) for the purpose of determining whether, and if so in what manner, any of the functions of the Agency . . . (other than functions referred to in section 2(2)(a) or (b) of this Act) should be exercised in relation to the land.