The Strategic Investment and Regeneration of Sites (Northern Ireland) Order 2003

• Citation: S.I. 2003/410 (N.I.)
• Sections: 59

Section 1 Title and commencement

(1) This Order may be cited as the Strategic Investment and Regeneration of Sites (Northern Ireland) Order 2003.

(2) This Order shall come into operation on the expiration of one week from the day on which it is made.

Section 2 Interpretation

(1) The Interpretation Act (Northern Ireland) 1954 (c.33) applies to this Order as it applies to an Act of the Assembly.

(2) In this Order –

“the designated company” has the meaning given by Article 5(6);

“the Executive” means the Executive Committee of the Assembly;

“the Office” means the Executive Office;

“public body” means –

a Northern Ireland department;

a district council; and

any other body which is –

established or constituted by or under a statutory provision or Royal Charter; and

funded wholly or mainly out of money appropriated by Act of the Assembly;

“relevant site” has the meaning given by Article 9(1) (read with Article 12(3));

“statutory body” means –

a Northern Ireland department; and

any other body which is –

established or constituted by or under a statutory provision; and

funded wholly or mainly out of money appropriated by Act of the Assembly;

“statutory provision” has the meaning given by section 1(f) of the Interpretation Act (Northern Ireland) 1954 (c. 33).

(3) References in this Order to the site of a development corporation shall be construed in accordance with Articles 15(7) and 20(5).

(4) Any power of giving directions conferred by any provision of this Order includes power to vary or revoke any direction given under that provision.

(5) At any time when section 1 of the Northern Ireland Act 2000 (c. 1) (suspension of devolved government) is in force, references in Part II to the Executive shall be construed as references to the Secretary of State.

Section 3 Strategic investment functions

(1) The purpose of this Part is to make provision for, and in connection with, the exercise by a designated company of strategic investment functions in relation to –

(a) the Executive; and

(b) bodies carrying out major investment projects.

(2) In relation to the Executive, “strategic investment functions” means advising the Executive in relation to the formulation and implementation of its programme of major investment projects.

(3) In relation to bodies carrying out major investment projects, “strategic investment functions” means –

(a) advising those bodies in relation to the carrying out of such projects;

(b) assisting those bodies in relation to the carrying out of such projects, including providing research, consultancy, advisory and other services and general assistance; and

(c) participating, by agreement with those bodies, in the carrying out of such projects.

(4) In particular strategic investment functions (in relation to the Executive and bodies carrying out major investment projects) include advising on –

(a) the planning and prioritisation of programmes and projects;

(b) the funding of projects, including borrowings for that purpose; and

(c) the general implementation of projects (including, in the case of projects of statutory bodies, arrangements for procuring implementation wholly or partly by persons other than statutory bodies).

(5) References in this Part to “major investment projects” are to projects which –

(a) are of major strategic importance to Northern Ireland (or a part thereof); and

(b) involve substantial investment (whether or not provided out of public money).

Section 4 Power of Office to arrange for formation of a company

For the purpose of this Part the Office may arrange for the formation of a company.

Section 5 Designation of company to exercise strategic investment functions

(1) The Office may by order designate a company for the purposes of this Part.

(2) A company shall not be designated under paragraph (1) unless it fulfils the following conditions, namely –

(a) it is formed by virtue of Article 4;

(b) it is formed and registered under the Companies Act 2006 in Northern Ireland ;

(c) it is a private company limited by guarantee (and not having a share capital) within the meaning of that Order;

(d) its objects are such as to enable it to exercise strategic investment functions; and

(e) the composition of its board of directors is controlled by the Office.

(3) Section 1159(2) and (4) of the Companies Act 2006 shall apply with appropriate modifications in relation to the determination of the matter mentioned in paragraph (2)(e).

(4) The Office—

(a) may at any time revoke an order under paragraph (1);

(b) shall revoke such an order if the designated company ceases to fulfil any of the conditions mentioned in paragraph (2).

(5) No order may be made under this Article unless a draft of the order has been laid before and approved by resolution of the Assembly.

(6) Only one company may be designated under paragraph (1) at any time; and references in this Part to the designated company are to the company for the time being designated under that paragraph.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 6 Funding of designated company

(1) The Office may make payments to the designated company out of money appropriated for the purpose.

(2) Payments under this Article shall be made on such terms and conditions as the Office may with the approval of the Department of Finance and Personnel determine.

Section 7 Exercise of strategic investment functions by designated company

The arrangements in connection with the exercise by the designated company of strategic investment functions in relation to the Executive and statutory bodies shall be such as are approved by the Executive; and such arrangements may in particular make provision for the exercise of those functions in relation to statutory bodies –

(a) for the purposes of such particular projects as are identified in accordance with the arrangements; and

(b) in accordance with such further arrangements as are agreed in writing between the statutory body concerned and the designated company.

Section 8 Duty on statutory bodies in relation to designated company

(1) It is the duty of every statutory body in the exercise of its functions –

(a) to facilitate the exercise by the designated company of strategic investment functions; and

(b) to co-operate with the designated company in the exercise of strategic investment functions,

to such extent as arrangements for the time being approved or made under Article 7 may require.

(2) It is the duty of every statutory body to have regard to any advice given to it by the designated company in accordance with arrangements approved or made under Article 7.

(3) Paragraph (2) applies whether the advice is given by the designated company –

(a) in relation to projects generally, in relation to projects of a specified class or description or in relation to any particular project or projects; or

(b) to the body individually, to all statutory bodies generally or to a specified class or description of body to which the body belongs.

Section 9 The relevant sites

(1) In this Part references to a relevant site are references to an area of land which –

(a) on 2nd May 2002 was held by or on behalf of the Crown in right of Her Majesty's Government in the United Kingdom; and

(b) is made available to the Executive in pursuance of arrangements (known as “the reinvestment and reform initiative”) made between that Government and the Executive and announced on that date.

(1A) In this Part “the responsible department” means—

(a) in relation to a relevant site transferred to the Department for Infrastructure by the Departments (Transfer of Functions) Order (Northern Ireland) 2016, that Department;

(b) in relation to any other relevant site existing immediately before the transfer date, the Office;

(c) in relation to a new relevant site, means the department in which the site is vested in accordance with the arrangements mentioned in paragraph (1);

(d) in relation to a development corporation established by an order under Article 15, the department which made the order.

(1B) In paragraph (1A) and this paragraph—

“new relevant site” means any area of land which becomes a relevant site at any time on or after the transfer date;

“the transfer date” has the same meaning as in the Departments (Transfer of Functions) Order (Northern Ireland) 2016.

(2) Subject to the following provisions of this Part, the responsible department shall have power –

(a) to hold and manage a relevant site; and

(b) generally to implement the arrangements mentioned in paragraph (1)(b) so far as relating to relevant sites.

(3) A certificate issued by the responsible department that an area of land is a relevant site is conclusive evidence of that fact for the purposes of this Part.

Section 10 Disposal of relevant sites by the responsible department

(1) The responsible department may, with the approval of the Department of Finance and Personnel, dispose of any land forming all or part of a relevant site and vested in the responsible department .

(2) A disposal under this Article –

(a) may be for value or otherwise; and

(b) shall be on such terms and conditions as the responsible department may think fit.

(3) In particular on any such disposal the responsible department may –

(a) impose such restrictions as the responsible department may think necessary on the use of the land disposed of; and

(b) grant or reserve such rights over the land as the responsible department may think fit.

(4) Nothing in section 5 of the Stormont Regulation and Government Property Act (Northern Ireland) 1933 (c. 6) affects the disposal by the responsible department of land forming all or part of a relevant site.

Section 11 Regeneration of relevant sites by the responsible department

(1) For the purpose of securing the regeneration of a relevant site, the responsible department may –

(a) carry out the development or redevelopment of land, including the conversion or demolition of existing buildings;

(b) carry out building and other operations;

(c) provide services and facilities;

(d) form, or acquire interests in, bodies corporate;

(e) act with other persons, whether in partnership or otherwise;

(f) give financial assistance to other bodies or persons in accordance with paragraphs (2) to (5);

(g) carry out studies, investigations and research;

(h) generally do anything necessary or expedient for that purpose.

(2) The responsible department may, with the approval of the Department of Finance and Personnel, provide financial assistance for any body or person doing or intending to do on or in relation to a relevant site anything falling within paragraph (3).

(3) Financial assistance under paragraph (2) may be provided for –

(a) the promotion, development or regeneration of commercial, industrial or other economic activity;

(b) the improvement of the environment;

(c) the provision of housing;

(d) the provision of social, cultural, recreational or community facilities;

(e) the refurbishment or restructuring of buildings;

(f) anything not falling within sub-paragraphs (a) to (e) which the responsible department considers will benefit the site.

(4) Financial assistance under paragraph (2) may include –

(a) grants;

(b) loans;

(c) guarantees;

(d) the taking of any interest in property or in a body corporate.

(5) In providing financial assistance under paragraph (2), the responsible department may impose such conditions as it thinks fit, including conditions for repayment in specified circumstances.

Section 12 Acquisition of land by the responsible department

(1) The responsible department may acquire by agreement or compulsorily land which –

(a) is adjacent to a relevant site and is required by the responsible department for purposes connected with the discharge of its functions in relation to the site; or

(b) is required to provide or improve access to a relevant site.

(2) Parts I and III of Schedule 2 shall have effect in relation to –

(a) the compulsory acquisition of land under paragraph (1); and

(b) powers of entry in connection with the acquisition of land under that paragraph.

(3) Where land is acquired by the responsible department under paragraph (1) in connection with a relevant site, that land shall for the purposes of this Part be taken to form part of the relevant site.

Section 13 Agreements and consultation with other bodies and persons

(1) The responsible department may –

(a) enter into an agreement with any person for the development of any land forming all or part of a relevant site, and

(b) do anything which is required in order to secure the development of that land in accordance with such agreement.

(2) The responsible department shall consult –

(a) the district council for the district in which a relevant site is situated;

(b) such other public bodies as the responsible department thinks appropriate; and

(c) such other bodies or persons as appear to the responsible department to have an interest in the site,

about the exercise of the responsible department’s functions under Article 11 in relation to the site.

Section 14 Powers of Office not exercisable where development corporation established

Articles 10 to 13 do not apply in relation to any relevant site for which a development corporation is for the time being established under Article 15.

Section 15 Power to establish development corporations for relevant sites

(1) The responsible department may by order establish a body (to be known as a “development corporation”) for a relevant site or for two or more such sites.

(2) A development corporation shall be a body corporate by such name as is specified in the order establishing it.

(3) Schedule 1 shall have effect in relation to a development corporation.

(4) The responsible department may by order provide for a development corporation for the time being established for any relevant site or sites to exercise its functions in relation to any additional relevant site or sites specified in the order.

(5) The responsible department may by order subject to negative resolution provide for a development corporation for the time being established for two or more relevant sites to cease to exercise its functions in relation to a relevant site or sites specified in the order.

(6) No order shall be made under paragraph (1) or (4) in relation to a relevant site unless –

(a) a draft of the order has been laid before, and approved by resolution of, the Assembly; and

(b) the site is vested in the responsible department .

(7) If a development corporation is for the time being established for two or more relevant sites, references in this Part to the site of a development corporation shall be read as references to both or all of those sites.

Section 16 Object and general powers of development corporations

(1) The object of a development corporation is to secure the regeneration of its site.

(2) That object is to be achieved in particular by the following means (or by such of them as seem to the corporation to be appropriate) –

(a) by bringing land and buildings into effective use;

(b) by encouraging public and private investment and the development of industry and commerce;

(c) by creating an attractive environment;

(d) by ensuring that social, recreational, cultural and community facilities are available.

(3) Subject to the following provisions of this Part, for the purpose of achieving its object a development corporation may –

(a) hold, manage and dispose of land and other property;

(b) carry out the development or redevelopment of land, including the conversion or demolition of existing buildings;

(c) carry out building and other operations;

(d) provide services and facilities;

(e) act with other persons, whether in partnership or otherwise;

(f) give financial assistance to other bodies or persons in accordance with Article 18;

(g) carry on any business or undertaking;

(h) carry out studies, investigations and research;

(i) generally do anything necessary or expedient for the purposes of its object or for purposes incidental to those purposes.

(4) Paragraph (3) relates only to the capacity of a development corporation as a statutory corporation and nothing in this Article authorises a development corporation to disregard a statutory provision or rule of law.

(5) A transaction between a person and a development corporation is not invalidated by reason of any failure of the corporation to observe –

(a) the object in paragraph (1); or

(b) the requirement in paragraph (3) that the corporation shall exercise the powers conferred by that paragraph for the purpose of achieving that object.

Section 17 Special provision concerning powers of development corporation

An order under Article 15(1) may provide –

(a) that any powers which may be exercisable by a development corporation under this Part and which are specified in the order –

(i) are not to be exercisable by the corporation established by the order; or

(ii) are not to be so exercisable without the consent of the responsible department or the Department of Finance and Personnel, or both;

(b) that such powers as are specified in the order are to be exercisable by the corporation established by the order in addition to those otherwise so exercisable;

and this Part shall apply in relation to the corporation accordingly.

Section 18 Financial assistance by development corporation

(1) A development corporation may provide financial assistance for any body or person doing or intending to do on or in relation to the site anything falling within paragraph (2).

(2) Financial assistance under paragraph (1) may be provided for –

(a) the promotion, development or regeneration of commercial, industrial or other economic activity;

(b) the improvement of the environment;

(c) the provision of housing;

(d) the provision of social, cultural, recreational or community facilities;

(e) the refurbishment or restructuring of buildings;

(f) anything not falling within sub-paragraphs (a) to (e) which the corporation considers will benefit its site.

(3) Financial assistance under paragraph (1) may include –

(a) grants;

(b) loans;

(c) guarantees;

(d) the taking of any interest in property or in a body corporate.

(4) In providing financial assistance under paragraph (1), the corporation may impose such conditions as it thinks fit, including conditions for repayment in specified circumstances.

Section 19 Directions to development corporation by the responsible department

(1) The responsible department may give directions of a general or specific nature to a development corporation as to the manner in which it is to discharge its functions under this Part.

(2) A development corporation shall act in accordance with any direction given to it under paragraph (1).

(3) Before giving a direction under paragraph (1) to a development corporation the responsible department shall consult the corporation, unless the responsible department is satisfied that because of urgency consultation is impracticable.

(4) A transaction between a person and a development corporation acting in purported exercise of its powers under this Part shall not be void by reason only that it was carried out in contravention of a direction given under paragraph (1), and such a person shall not be concerned to see or enquire whether a direction under that paragraph has been given or complied with.

Section 20 Land: transfer to, and acquisition of land by, development corporation

(1) The responsible department may by order transfer to a development corporation any land forming all or part of the corporation's site which is vested in the responsible department .

(2) A development corporation may acquire by agreement or compulsorily land which –

(a) is adjacent to its site and is required by the corporation for purposes connected with the discharge of the corporation's functions in relation to its site; or

(b) is required to provide or improve access to the site.

(3) Parts II and III of Schedule 2 shall have effect in relation to –

(a) the compulsory acquisition of land under paragraph (2); and

(b) powers of entry in connection with the acquisition of land under that paragraph.

(4) A development corporation may, with the approval of the responsible department , make an order extinguishing or modifying any public right of way over land acquired by it under this Article; and subsections (2) to (9) of section 67F of the Transport Act (Northern Ireland) 1967 (c. 37) shall apply to an order under this paragraph as they apply to an order under subsection (1) of that section, but with the substitution –

(a) for references to the Holding Company of references to the development corporation; and

(b) for references to the Department of references to the responsible department .

(5) Where land is acquired by a development corporation under paragraph (2), references in this Part to the site of the corporation shall be taken to include the land so acquired.

Section 21 Land: disposal or transfer of land held by development corporation

(1) A development corporation may dispose of any land for the time being held by it to such person or body and in such manner as it considers expedient for securing the regeneration of the corporation's site or for purposes connected with the regeneration of that site.

(2) A disposal under paragraph (1) –

(a) may be for value or otherwise;

(b) shall be on such terms and conditions as the corporation may think fit.

(3) In particular on any such disposal the corporation may –

(a) impose such restrictions as the corporation may think necessary on the use of the land disposed of; and

(b) grant or reserve such rights over the land as the corporation may think fit.

(4) The responsible department may by order vest any land for the time being held by a development corporation in any public body (including the responsible department itself).

Section 22 Agreements and arrangements with other bodies and persons

(1) A development corporation may –

(a) enter into an agreement with any person for the development of any land forming all or part of its site, and

(b) do anything which is required in order to secure the development of that land in accordance with such agreement.

(2) Where under any statutory provision powers are conferred on a public body to do anything (of whatever kind and for whatever purpose) –

(a) that body and the corporation may enter into an agreement that those powers shall, to such extent and subject to such conditions as the agreement may specify, be exercised on or in relation to its site by the corporation on behalf of that public body;

(b) the corporation shall have power to carry any such agreement into effect; and

(c) for that purpose references to the public body in any such statutory provision shall be construed as including references to the corporation.

(3) The corporation shall not enter an agreement under paragraph (2) with a public body other than a Northern Ireland department except with the approval of the responsible department .

(4) A public body may enter into an agreement with a development corporation that any powers of the corporation under this Part shall, to such extent and subject to such conditions as the agreement may specify, be exercised by the public body on behalf of the corporation and the public body shall have power to carry any such agreement into effect.

(5) The provisions of this Part shall, with any necessary modifications, apply to the exercise of powers under this Part by a public body in pursuance of an agreement under paragraph (4) as they would have applied to their exercise by the development corporation.

Section 23 Exercise of other statutory powers in relation to site of development corporation

(1) The responsible department may by order provide –

(a) that prescribed functions of any public body shall not be exercisable on, or in relation to, the site of a development corporation; or

(b) that prescribed functions of a public body shall not be so exercisable except with the consent of the corporation or in accordance with an agreement under Article 22.

(2) No order shall be made under this Article unless a draft of the order has been laid before, and approved by resolution of, the Assembly.

(3) In this Article “prescribed” means prescribed by an order under this Article.

Section 24 Duty on public bodies to co-operate with and facilitate development corporation

It is the duty of a public body in the exercise of its functions –

(a) to facilitate the exercise by a development corporation of its functions; and

(b) to co-operate with a development corporation in the exercise of its functions,

to such extent as the corporation may reasonably require.

Section 25 Consultation

(1) A development corporation shall consult –

(a) the district council for the district in which its site is situated;

(b) such other public bodies as the corporation thinks appropriate; and

(c) such other bodies or persons as appear to the corporation to have an interest in the regeneration of the corporation's site,

about the exercise of the corporation's functions in relation to that site.

(2) Where under the Planning Act (Northern Ireland) 2011 the Department of the Environment is required to consult with the relevant district council about any matter relating to or affecting the site of a development corporation, the Department shall also consult with the corporation about that matter.

Section 26 Power to dissolve a development corporation

(1) The responsible department may by order make provision for, and in connection with, the dissolution of a development corporation.

(2) An order under this Article may –

(a) provide for the transfer of the property, rights and liabilities of the corporation (including rights and liabilities under a contract of employment) to any other public body;

(b) enable any public body to continue and complete anything which has been commenced by the corporation before its dissolution; and

(c) contain such other provisions as appear to the responsible department to be necessary or expedient for giving full effect to the order.

(3) No order shall be made under this Article unless a draft of the order has been laid before and approved by resolution of the Assembly.

Section 27 Orders under this Part

(1) An order under this Part may contain such incidental, consequential, supplementary and transitional provisions as the responsible department thinks necessary or expedient, including provisions amending or repealing any statutory provision (including this Order).

(2) Paragraph (1) and the Statutory Rules (Northern Ireland) Order 1979 ( NI 12) do not apply to orders under Article 20(1) or (4) or 21(4) or paragraph 1 or 3 of Schedule 2 (orders vesting land, etc. ).

Section 1

(1) A development corporation shall not be regarded –

(a) as the servant or agent of the Crown; or

(b) as enjoying any status, immunity or privilege of the Crown.

(2) The property of a development corporation shall not be regarded as property of, or held on behalf of, the Crown.

(3) Subject to the following provisions of this Schedule, section 19 of the Interpretation Act (Northern Ireland) 1954 (c.33) applies to a development corporation.

Section 2

(1) A development corporation shall consist of –

(a) a chairman; and

(b) such number of other members as is specified in the order establishing the corporation.

(2) The chairman and other members shall be appointed by the responsible department .

(3) In making appointments under this paragraph, the responsible department shall –

(a) secure that each member has experience in a field of activity relevant to the discharge of the functions of the corporation;

(b) have regard to the desirability of securing the services of people having specialist knowledge of the locality in which the site is situated; and

(c) as far as practicable secure that the members of the corporation (taken together) are representative of the community in Northern Ireland.

(4) At least one of the members appointed under sub-paragraph (1)(b) shall be appointed after consultation with the district council for the district in which the site of the corporation is situated.

(5) The responsible department may appoint one of the members mentioned in sub-paragraph (1)(b) as deputy chairman of the corporation.

(6) It shall be the duty of the responsible department –

(a) to satisfy itself, before it appoints a person to be a member of the corporation, that that person will have no such financial or other interest as is likely to affect prejudicially the performance of his functions as a member; and

(b) to satisfy itself from time to time with respect to each member that he has no such interest;

and a person who is a member or whom the responsible department proposes to appoint as a member shall, whenever requested by it to do so, give the responsible department such information as it may specify with a view to carrying out its duty under this sub-paragraph.

Section 3

(1) Subject to the provisions of this Schedule, a member shall hold and vacate office in accordance with the terms of his appointment.

(2) A person shall not be appointed as a member for more than five years at a time.

(3) A person may at any time resign his office as a member by notice in writing to the responsible department .

(4) A person appointed as chairman or deputy chairman of the corporation –

(a) shall hold and vacate that office in accordance with the terms of his appointment;

(b) may resign that office by notice in writing to the responsible department ; and

(c) shall cease to hold that office if he ceases to be a member.

(5) The responsible department may by notice in writing remove a person from office as a member or as chairman or deputy chairman of the corporation.

(6) A person who ceases (otherwise than by virtue of sub-paragraph (5)) to be a member or to be the chairman or deputy chairman of the corporation shall be eligible for re-appointment.

Section 4

(1) A development corporation shall pay to its members such remuneration and allowances as the responsible department may determine.

(2) If –

(a) a person ceases to be a member or ceases to be the chairman or deputy chairman of the corporation; and

(b) it appears to the responsible department that there are special circumstances which make it right that he should receive compensation,

the responsible department may direct the corporation to make a payment of such amount as the responsible department may determine.

(3) A determination of the responsible department under this paragraph requires the approval of the Department of Finance and Personnel.

Section 5

(1) A development corporation shall have –

(a) a chief executive, with responsibility to the corporation for the carrying out of its functions and the management of its employees; and

(b) such other employees as the corporation may appoint.

(2) The first chief executive of a corporation shall be appointed by the responsible department .

(3) Every subsequent chief executive shall be appointed by the corporation with the approval of the responsible department .

Section 6

(1) A development corporation may make arrangements with a Northern Ireland department for persons employed in the Northern Ireland civil service to be seconded to the corporation.

(2) Arrangements made with a department other than the Department of Finance and Personnel require the approval of that Department.

Section 7

(1) A development corporation shall pay to its employees such remuneration and allowances as it may determine.

(2) A development corporation shall –

(a) pay, or make payments in respect of, such pensions or gratuities to or in respect of its employees or former employees as it may determine; and

(b) provide and maintain such schemes (whether contributory or not) as it may determine for the payment of pensions or gratuities to or in respect of its employees or former employees.

(3) A determination of a development corporation under this paragraph requires the approval of the responsible department and the Department of Finance and Personnel.

(4) References in this paragraph to pensions and gratuities include references to pensions or gratuities by way of compensation to or in respect of employees who suffer loss of employment or loss or diminution of emoluments.

Section 8

(1) A development corporation may establish committees.

(2) A person who is not a member of the corporation shall not, except with the approval of the responsible department , be appointed to a committee of the corporation.

(3) A development corporation may pay to members of its committees who are neither members nor employees of the corporation such remuneration and allowances as the corporation may, with the approval of the responsible department , determine.

Section 9

(1) A development corporation may, to such extent as it may determine, delegate any of its functions to –

(a) any committee of the corporation;

(b) any employee of the corporation; or

(c) any person seconded to the corporation in accordance with arrangements made under paragraph 6.

(2) Any committee of a development corporation may, to such extent as the committee may determine, delegate any functions of the committee to –

(a) any employee of the corporation; or

(b) any person seconded to the corporation in accordance with arrangements made under paragraph 6.

Section 10

(1) Subject to the following provisions of this paragraph and paragraph 11, a development corporation may regulate –

(a) its own procedure (including quorum); and

(b) the procedure (including quorum) of its committees.

(2) A development corporation shall make provision for a quorum for meetings of its committees to include at least one member or employee of the corporation.

Section 11

(1) A member who is in any way, directly or indirectly, interested in any matter which falls to be considered by a development corporation shall disclose the nature of his interest at a meeting of the corporation and the disclosure shall be recorded in the minutes of the meeting.

(2) Where such a disclosure is made by any member in relation to any matter, he shall not take part in any deliberation or decision of the corporation with respect to the matter, if the corporation decides that the interest in question might prejudicially affect the member's consideration of the matter.

(3) For the purposes of this paragraph a notice given by a member at a meeting of the corporation to the effect that he is a member of a specified body corporate or firm and is to be regarded as interested in any matter concerning the body or firm which falls to be considered by the corporation after the date of the notice shall be a sufficient disclosure of his interest.

(4) A member need not attend in person at a meeting of the corporation in order to make a disclosure which he is required to make under this paragraph, if he takes reasonable steps to secure that the disclosure is made by a notice which is taken into consideration at such a meeting.

(5) Sub-paragraphs (1) to (4) apply in relation to committees of the corporation as they apply in relation to the corporation.

Section 12

The validity of any proceedings of a development corporation, or of any of its committees, shall not be affected by –

(a) any vacancy among the members of the corporation or of members of the committee;

(b) any vacancy in the office of the chairman or deputy chairman of the corporation;

(c) any defect in the appointment of any one or more members or of the chairman or deputy chairman of the corporation; or

(d) any failure to comply with paragraph 11.

Section 13

The application of the seal of a development corporation shall be authenticated by the signature –

(a) of any member; or

(b) of any other person who has been authorised by the corporation (whether generally or specially) for that purpose.

Section 14

A document purporting to be –

(a) duly executed by a development corporation under its seal; or

(b) signed on its behalf,

shall be received in evidence and shall, unless the contrary is proved, be taken to be so executed or signed.

Section 15

Any contract or instrument which if entered into or executed by an individual would not require to be under seal may be entered into or executed on behalf of a development corporation by any person generally or specially authorised by the corporation for that purpose.

Section 16

(1) The responsible department may make payments to a development corporation out of money appropriated for the purpose.

(2) Payments under this paragraph shall be made on such terms and conditions as the responsible department may, with the approval of the Department of Finance and Personnel, determine.

Section 17

(1) A development corporation shall –

(a) keep proper accounts and proper records in relation to the accounts; and

(b) prepare a statement of accounts in respect of each financial year.

(2) The statement of accounts shall –

(a) be in such form; and

(b) contain such information,

as the responsible department may, with the approval of the Department of Finance and Personnel, direct.

(3) A development corporation shall, within such period after the end of each financial year as the responsible department may direct, send copies of the statement of accounts relating to that year to –

(a) the responsible department ; and

(b) the Comptroller and Auditor General for Northern Ireland.

(4) The Comptroller and Auditor General shall –

(a) examine, certify and report on every statement of accounts sent to him by a corporation under this paragraph; and

(b) send a copy of his report to the responsible department .

(5) The responsible department shall lay a copy of the statement of accounts and of the Comptroller and Auditor General's report before the Assembly.

Section 18

(1) After consultation with a development corporation, the responsible department may, with the approval of the Department of Finance and Personnel, determine the financial duties of the corporation.

(2) The responsible department shall give the corporation notice of every determination and a determination may –

(a) relate to a period beginning before the date on which it is made;

(b) contain incidental or supplementary provisions; and

(c) be varied by a subsequent determination.

(3) The responsible department , with the approval of the Department of Finance and Personnel, may direct a development corporation to pay to the responsible department out of any money which appears to the responsible department to be surplus to the requirements of the corporation such sums as the responsible department may determine.

(4) The corporation shall comply with any such direction.

(5) Any sums received by the responsible department under this paragraph shall be paid into the Consolidated Fund.

Section 19

(1) As soon as practicable after the end of each financial year, a development corporation shall send to the responsible department a report on the carrying out of its functions during that year.

(2) The responsible department shall lay a copy of the report before the Assembly.

Section 20

A development corporation shall –

(a) provide the responsible department with such information relating to its activities as the responsible department may require; and

(b) permit any person authorised by the responsible department to inspect and make copies of the accounts, books or other papers of the corporation and give that person such explanation of them as he may reasonably require.

Section 21

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Section 22

In Part II of Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (bodies whose members are disqualified) there shall be inserted, at the appropriate place –

A development corporation established under Part III of the Strategic Investment and Regeneration of Sites (Northern Ireland) Order 2003

Section 23

In Part VII of Schedule 1 to the Freedom of Information Act 2000 (bodies, etc. which are public authorities for the purposes of the Act) there shall be inserted, at the appropriate place –

A development corporation established under Part III of the Strategic Investment and Regeneration of Sites (Northern Ireland) Order 2003