Welsh Development Agency Act 1975

• Citation: 1975 c. 70
• Sections: 94

Section 1 Welsh development .

(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 Assembly may exercise its functions under this Act are—

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

(b) to promote efficiency in business and international competitiveness in Wales;

(c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 Assembly under this Act shall be—

(a) to promote Wales as a location for businesses , or assist or concert its promotion as such a location;

(b) to provide finance for persons carrying on or intending to carry on businesses ;

(c) to carry on industrial undertakings and to establish and carry on new businesses ;

(d) otherwise to promote or assist the establishment, growth . . . , modernisation or development of businesses, or a particular business or particular businesses ;

(da) to make land available for development;

(e) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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; . . .

(i) to undertake the development and redevelopment of the environment.

(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 in 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 Assembly under this Act .

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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.

Section 2 Constitution and status.

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Section 4 Ancillary powers.

The Assembly shall have power in connection with its functions under this Act —

(a) to make such charge for any of its services as it thinks fit;

(b) to accept any gift made to it for the purposes of any such functions, and subject to the terms of the gift 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 Assembly may deem necessary or expedient for the purposes of such functions.

Section 5 Assistance to Assembly from public authorities and other persons.

(1) The Assembly may appoint a local authority, a National Park authority , the development corporation of a new town or any other body or person to act as its agent to carry out the Assembly's functions mentioned in section 1(3)( a ) , (da) and ( f ) to ( i ) above or section 21C below .

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) For the purpose of assisting the Assembly to carry out any of the functions referred to in subsection (1) above, a local authority, a National Park authority or a development corporation, or any other body of a public nature, on being so requested by the Assembly , may place the services of any of their staff at the Assembly's disposal, on such terms as may be agreed with the Assembly .

Section 6 Power to form committees.

(1) The Assembly may establish such committees for giving advice to the Assembly about the discharge of any of its functions under this Act as it considers appropriate.

(2) The members of any such committee are to be appointed by the Assembly and may be either members of the Assembly or persons who are not members.

Section 7 Dissolution of Welsh Industrial Estates Corporation.

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Section 8 Transfer to Agency of land held under Local Employment Act 1972.

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Section 9 Provision of sites and premises for industry.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) For the purpose of providing or managing sites and premises for businesses and providing related facilities, or making land available for development the Assembly shall have power to modernise, adapt or reconstruct buildings; and, where the execution of the works will interrupt the use of the buildings or works by any undertaking, the power to acquire land conferred by section 1(7)( h ) above shall include power to acquire land for the purpose of providing premises for the occupation of that undertaking or of otherwise meeting its requirements, and the Assembly may for that purpose erect buildings and carry out works on any land so acquired.

(3) The Assembly may, if it considers there are circumstances which justify the giving of special assistance, provide premises for the occupation of a business free of rent for such time as it thinks appropriate

Section 10 Services etc. for development of industry.

The Assembly may undertake or assist in the provision of means of access or other services or facilities in or for an area where this appears to it to be expedient for the purpose of contributing to or supporting the development of businesses in that area.

Section 10A Financial assistance for regeneration and development.

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Section 11 Application of Landlord and Tenant Act 1954 to Agency premises.

(1) The following section shall be inserted after section 60 of the Landlord and Tenant Act 1954 :—

Welsh Development Agency premises

(60A)

(1) Where the property comprised in a tenancy consists of premises of which the Welsh Development Agency is the landlord, and the Secretary of State certifies that it is necessary or expedient, for the purpose of providing employment appropriate to the needs of the area in which the premises are situated, that the use or occupation of the property should be changed, paragraphs (a) and (b) of section 58(1) above shall apply as they apply where such a certificate is given as is mentioned in that subsection.

(2) Where the court makes an order under Part II of this Act for the grant of a new tenancy of any such premises as aforesaid, and the Secretary of State certifies that it is necessary or expedient as aforesaid that the tenancy should be subject to a term, specified in the certificate, prohibiting or restricting the the tenant from assigning the tenancy or subletting, charging or parting with possession of the premises or any part of the premises or changing the use of the premises or any part of the premises, the court shall determine that the terms of the tenancy shall include the terms specified in the certificate.

(2) In section 59 of that Act (compensation for exercise of special powers in relation to tenancies)—

(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) after subsection (1) there shall be inserted the following subsection:—

(1A) No compensation shall be recoverable under subsection (1) above where the certificate was given under section 60A below and either—

(a) the premises vested in the Welsh Development Agency under section 7 (property of Welsh Industrial Estates Corporation) or 8 (land held under Local Employment Act 1972) of the Welsh Development Agency Act 1975, or

(b) the tenant was not tenant of the premises when the said Agency acquired the interest by virtue of which the certificate was given.

Section 13 Welsh Industrial Development Advisory Board.

(1) The Assembly shall appoint a board to be called the Welsh Industrial Development Advisory Board, to advise it with respect to the exercise of its functions under section 7 of the Industrial Development Act 1982 .

(2) The Board shall consist of a chairman and not less than four nor more than seven other members.

(3) The members of the Board shall include persons who appear to the Assembly to have wide experience of, and to have shown capacity in, industry, banking, accounting, finance or the organisation or representation of workers.

(4) If the Board make a recommendation with respect to any matter at the request of the Assembly and the Assembly exercises its functions under section 7 of the Industrial Development Act 1982 contrary to their recommendation, it shall, if the Board so request, publish a statement as to the matter.

Section 14 Transfer of Publicly-owned property to Agency.

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Section 15 The environment.

(1) The Assembly's duty under section 1(14) above to prepare and publish, after consultation with such local authorities, National Park authorities and other bodies as appear to the Assembly to have an interest, programmes for the performance of the Assembly's functions under this Act, includes in particular a duty to prepare and publish programmes, to be implemented either by the Assembly itself, or by the Assembly acting jointly with any other authority or person, or through persons or authorities acting on behalf of the Assembly, for the improvement, development or redevelopment of the environment in Wales.

(2) The Assembly may make payments to any authority or person of such amount and in such manner as it may determine for carrying out work which the Assembly considers will contribute to the purposes of such a programme.

Section 16 Derelict land.

(1) Subject to the provisions of this section, where it appears to the Assembly that steps should be taken for the purpose of—

(a) reclaimimg or improving any land to which this subsection applies; or

(b) enabling any such land to be brought into use,

it may exercise as respects that land the powers specified in subsection (3) below.

(2) Subsection (1) above applies to—

(a) land which is derelict, neglected or unsightly; and

(b) except as respects the exercise of the power specified in subsection (3)(a) below in relation to a person other than a local authority in whose area it is situated, land which is not derelict, neglected or unsightly but is likely to become so by reason of actual or apprehended collapse of the surface as the result of the carrying out of relevant operations which have ceased to be carried out.

(3) The Assembly ’s powers under this subsection are—

(a) a power to pay to any person grants of such amounts and payable at such times and subject to such conditions as it may from time to time determine in respect of relevant expenditure incurred by that person;

(b) a power, after consultation with such local authorities and other bodies as appear to the Assembly to have an interest, to acquire . . ., for the purpose mentioned in subsection (1) above, the land to which that subsection applies or any other land; and

(c) a power to carry out, for that purpose, any works on the land to which that subsection applies or any other land;

and the Assembly ’s powers under this subsection are in addition to, and not in derogation from, any power conferred on it by any other provision of this Act.

(4) In subsection (3)(a) above “ relevant expenditure ” means expenditure incurred, with the approval of the Assembly , in or in connection with—

(a) the carrying out, for the purpose mentioned in subsection (1) above, of any works on the land to which that subsection applies or any other land;

(b) the carrying out of a survey of the land to which that subsection applies for determining whether any works for that purpose should be undertaken (whether or not such works are carried out); and

(c) in relation to a local authority in whose area the land to which that subsection applies is situated, the acquisition, for that purpose, of that land or any other land.

(5) Grants under subsection (3)(a) above may be made in such manner as appears to the Assembly to be requisite.

(6) The amount of the grant which may be paid under subsection (3)(a) above to a person other than a local authority in whose area the land to which subsection (1) above applies is situated shall not exceed—

(a) the prescribed percentage of the relevant expenditure; or

(b) in the case of a periodical grant in respect of costs from time to time incurred or treated as incurred in respect of the borrowing of money to defray the relevant expenditure, the prescribed percentage of the costs so incurred or treated as incurred.

In this subsection “ the prescribed percentage ” means 80 per cent. or such other percentage as may be prescribed by order made by the Assembly .

(7) After carrying out works on land acquired under subsection (3)(b) above the Assembly may dispose of it free of charge to a local authority or the development corporation of a new town for the purpose of its use as a public open space.

(8) A statutory instrument containing an order under subsection (6) above may make such transitional provision as appears to the Assembly to be necessary or expedient.

(9) In this section—

“ local authority ” means—

(a) a county council or county borough council . . .

(b) . . .

“ relevant operations ” means underground mining operations other than operations for the purpose of the working and getting coal, or of coal and other minerals worked with coal, or for the purpose of getting any product from coal in the course of working and getting coal.

Section 17 Financial duties of the Agency.

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Section 18 Borrowing and guarantees

(1) Schedule 3 to this Act shall have effect.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Section 19 The Agency and the media.

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Section 20 Other limits on Agency’s powers.

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Section 21 Expenses.

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Section 21A Powers of land acquisition.

(1) The powers to acquire land mentioned in sections 1(7)(h) and 16(3)(b) above are powers—

(a) to acquire land by agreement;

(b) in relation to land in Wales, to acquire land compulsorily; and

(c) in relation to land in England, to acquire land compulsorily if authorised to do so by the Secretary of State.

(2) Where the Assembly acquires or has acquired land under subsection (1) above, it has power—

(a) to acquire by agreement,

(b) in relation to land in Wales, to acquire compulsorily, and

(c) in relation to land in England, if authorised to do so by the Secretary of State, to acquire compulsorily,

the land described in subsection (2A) below.

(2A) The land is—

(a) any land which adjoins the land which the Assembly acquires or has acquired under subsection (1) and which is required for the purpose of executing works for facilitating its development or use; and

(b) where the land which the Assembly acquires or has acquired under subsection (1) forms part of a common, an open space or a fuel or field garden allotment, any land required for the purpose of being given in exchange for it.

(3) The Assembly may under subsection (1) above acquire rights over land by the creation of new rights (as well as by acquiring rights already in existence).

(4) Before the Assembly acquires land under subsection (1) for the purpose of its function under section 1(3)(da) above, it shall—

(a) consider whether the land would or would not in its opinion be made available for development if it did not act;

(b) consider the fact that planning permission has or has not been granted in respect of the land or is likely or unlikely to be granted;

(c) (in the case where no planning permission has been granted in respect of the land) consult every relevant local authority; and

(d) consider the needs of those engaged in building, agriculture and forestry and of the community in general.

(5) For the purposes of subsection (4)(c) above, each of the following is a relevant local authority—

(a) the council of any county, county borough or district in whose area the land, or any part of the land, is situated;

(b) any joint planning board in whose district the land, or any part of the land, is situated; ...

(c) any National Park authority which is the local planning authority for a National Park in which the land, or any part of the land, is situated ; and

(d) any corporate joint committee in whose area the land, or any part of the land, is situated.

(6) Where the Assembly has acquired land under subsection (1) above for the purpose of any of its functions under this Act it may appropriate it to the purpose of any of its other functions under this Act.

(7) Where the Assembly has—

(a) acquired land under subsection (1) above for the purposes of its function under section 1(3)(da) above; or

(b) under subsection (6) above has appropriated land to that purpose,

it shall, until it either disposes of the land or appropriates the land under subsection (6) above to the purpose of any of its other functions under this Act, manage the land and turn it to account.

(8) Schedule 4 to this Act shall have effect.

Section 21B Disposal of land.

In exercising any power under this Act to dispose of land, the Assembly shall not dispose of land for a consideration less than the best that can reasonably be obtained except—

(a) as provided by section 16(7) above; or

(b) otherwise as it considers appropriate .

Section 21C Powers to advise on land matters.

(1) The Assembly may, if requested to do so by a public authority—

(a) advise the authority about disposing of any of the authority’s land in Wales to other persons; and

(b) assist the authority in disposing of the land.

(2) In subsection (1) above “ public authority ” means—

(a) a government department;

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

(c) a county council, county borough council or community council;

(d) a National Park authority;

(e) a development corporation for a new town;

(f) a Local Health Board , Special Health Authority or National Health Service trust;

(g) a body corporate established by or under an enactment for the purpose of carrying on under national ownership any industry or part of an industry;

(h) any statutory undertakers; or

(i) any other public authority, body or undertakers specified in an order made by the Assembly .

(3) The Assembly may assist—

(a) the council of a county or county borough in Wales in making an assessment of land in its area which is, in its opinion, available and suitable for development;

(b) a joint planning board in Wales in making an assessment of land in its district which is, in its opinion, available and suitable for development; ...

(c) a National Park authority for a National Park in Wales in making an assessment of land in the National Park which is, in its opinion, available and suitable for development ; or

(d) a corporate joint committee in making an assessment of land in its ... area which is, in its opinion, available and suitable for development.

Section 24 Power to obtain information.

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Section 25 Service of documents.

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Section 27 Interpretation.

(1) In this Act, unless the context otherwise requires—

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“ the appropriate Minister ” in relation to any statutory undertakers in relation to whom it is defined by section 265 of the Town and Country Planning Act 1990 or any other Act, has the meaning assigned to it by the Act so defining it;

“ business ” includes any industrial, commercial or professional activities (whether or not with a view to profit) and the activities of any government department or any local or other public authority;

“ common ” includes any land subject to be enclosed under the Inclosure Acts 1845 to 1882 and any town or village green;

“ corporate joint committee ” means a corporate joint committee to which Part 6 of the Planning and Compulsory Purchase Act 2004 applies by virtue of regulations under Part 5 of the Local Government and Elections (Wales) Act 2021;

“ dispose ” includes dispose by sale or exchange or dispose by lease (whether by grant or assignment) and related expressions shall be construed accordingly;

“ fuel or field garden allotment ” means any allotment set out as a fuel allotment, or a field garden allotment, under an Inclosure Act;

“ holding company ” means a holding company as defined in section 1159 of the Companies Act 2006 ;

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“ land ” has the meaning given by Schedule 1 to the Interpretation Act 1978;

“ open space ” means any land laid out as a public garden or used for the purposes of public recreation or any land which is a disused burial ground;

“ statutory undertakers ” means—

persons authorised by virtue of any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of . . . , . . . hydraulic power or water or hydraulic power , and

the Civil Aviation Authority . . ., a person who holds a licence under Chapter I of Part I of the Transport Act 2000 (to the extent that the person is carrying out activities authorised by the licence) any universal service provider in connection with the provision of a universal postal service and any other authority, body or undertakers which by virtue of any enactment are to be treated as statutory undertakers for the purposes of the Town and Country Planning Act 1990 ;

and “ statutory undertaking ” shall be construed accordingly;

“ subsidiary ” means a subsidiary as defined by section 1159 of the Companies Act 2006 ; and

“universal service provider” has the same meaning as in Part 3 of the Postal Services Act 2011 ; and references to the provision of a universal postal service shall be construed in accordance with that Part ;

“ wholly owned subsidiary ” has the meaning assigned to it by section 1159 of the Companies Act 2006 .

(1A) The undertaking of a universal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Act; and references in this Act to his undertaking shall be construed accordingly.

(1B) The undertaking of a person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered to be a statutory undertaking for the purposes of this Act except to the extent that it is the person’s undertaking as licence holder; and references in this Act to the person’s undertaking shall be construed accordingly.

(1C) A person who holds a licence under Chapter I of Part I of the Transport Act 2000 shall not be considered a statutory undertaker for the purposes of section 21C above.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Except in so far as the context otherwise requires, any reference in this Act to an enactment shall be construed as a reference to that enactment as amended, applied or extended by or under any other enactment, including this Act.

Section 28 Orders and regulations .

(1) Any power to make an order or regulations conferred by any provision of this Act , other than a compulsory purchase order or an order under paragraph 11(5) or 13(6) of Schedule 4, shall be exercisable by statutory instrument.

(1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) Any power to make an order conferred by a provision of this Act shall include power to make an order varying or revoking any order previously made under that provision.

(3) Any regulations or order under this Act—

(a) may make different provision for different areas or other different cases; and

(b) may include transitional and other supplementary and incidental provisions.

Section 29 Citation etc.

(1) This Act may be cited as the Welsh Development Agency Act 1975.

(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3) Section 1(6) above ... extends to Northern Ireland, but none of the other provisions of the Act so extends.

Section 1

It shall be the duty of the Secretary of State—

(a) to satisfy himself, before he appoints a person to be a member of the Agency, or gives his approval to the appointment of a person to be a member of a committee of the Agency, that he 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 himself from time to time with respect to each member that he has no such interest;

and a person who is a member of the Agency or of such a committee or whom the Secretary of State proposes to appoint as a member of the Agency or the Agency propose to appoint as a member of a committee shall, whenever required by the Secretary of State to do so, furnish the Secretary of State with such information as he may specify with a view to carrying out his duty under this paragraph.

Section 2

Subject to the following provisions of this Schedule, a person shall hold and vacate office as a member or the chairman or deputy chairman of the Agency or as a member of a committee of the Agency in accordance with the terms of the instrument appointing him to that office.

Section 3

A person may at any time resign his office as a member or the chairman or deputy chairman of the Agency by giving the Secretary of State a signed notice in writing stating that he resigns that office.

Section 4

Where a member becomes or ceases to be the chairman or deputy chairman, the Secretary of State may vary the terms of the instrument appointing him a member of the Agency so as to alter the date on which he is to vacate office as a member.

Section 5

If the chairman or deputy chairman ceases to be a member, he shall cease to be the chairman or deputy chairman, as the case may be.

Section 6

(1) If the Secretary of State is satisfied that a member of the Agency—

(a) has been absent from meetings of the Agency for a period longer than three consecutive months without the permission of the Agency, or

(b) has become bankrupt or made an arrangement with his creditors, or

(c) is incapacitated by physical or mental illness, or

(d) is otherwise unable or unfit to discharge the functions of a member,

the Secretary of State may declare his office as a member of the Agency vacant.

(2) Without prejudice to the Secretary of State’s power to remove the chief executive from membership of the Agency under sub-paragraph (1) above, he may declare the office of chief executive vacant if he is satisfied that a condition mentioned in that sub-paragraph is fulfilled in relation to the chief executive.

(3) The Secretary of State shall notify a declaration under sub-paragraph (1) or (2) above in such manner as he thinks fit; and thereupon the office to which it relates shall become vacant.

Section 7

A person who ceases to be a member, or ceases to be chairman or deputy chairman, of the Agency, shall be eligible for re-appointment.

Section 8

Subject to section 2(4) and (5) above, the staff of the Agency shall be appointed by the Agency, . . .

Section 9

The Agency shall pay to each of their members and to each member of their staff or of any of their committees such remuneration and such reasonable allowances in respect of expenses as the Secretary of State may determine . . ..

Section 10

The Agency shall make such provision as may be determined by the Secretary of State . . .for the payment of pensions, allowances or gratuities (including refunds of contributions to any pension fund with or without interest or other additions) to or in respect of such members or past members of the Agency as may be so determined.

Section 11

Where a person ceases to be a member of the Agency otherwise than on the expiry of his term of office and it appears to the Secretary of State that there are special circumstances which make it right for that person to receive compensation, the Secretary of State . . ., may direct the Agency to make to that person a payment of such amount as the Secretary of State may determine . . ..

Section 12

(1) The Agency may, in the case of such of the persons employed by them as may be determined by the Secretary of State . . ., pay such pensions, allowances or gratuities to or in respect of them, make such payments towards the provision of such pensions, allowances or gratuities (including refunds of contributions to any pension fund with or without interest or other additions) or provide and maintain such schemes (whether contributory or not) for the payment of such pensions, allowances or gratuities as may be determined by the Secretary of State . . ..

(2) Where a person employed by the Agency and participating in a scheme for the payment of pensions, allowances or gratuities which is applicable to such persons becomes a member of the Agency, his service as a member may be treated for the purposes of the scheme as service as a person employed by the Agency, whether or not provision for or in respect of him is made under paragraph 10 above.

(3) Except so far as the Agency are satisfied that adequate machinery exists for the purpose, it shall be the duty of the Agency to seek consultation with any organisation appearing to them to be appropriate with a view to the conclusion between the Agency and that organisation of such agreements as appear to the parties to be desirable with respect to the establishment and maintenance of machinery for the settlement by negotiation of terms and conditions of employment of persons employed by the Agency, with provision for reference to arbitration in default of such settlement in such cases as may be determined by or under the agreements.

Section 13

In Part II of Schedule 1 to the 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 ” .

Section 14

Subject to paragraph 15 below and to any direction under section 1 above, the quorum of the Agency and of the Agency’s committees and the arrangements relating to meetings of the Agency and of such committees shall be such as the Agency may determine.

Section 15

(1) A member of the Agency or of any such committee who is in any way directly or indirectly interested in a contract made or proposed to be made by the Agency, or in any other matter whatsoever which falls to be considered by the Agency or by the committee in question, shall disclose the nature of his interest at a meeting of the Agency or the committee and the disclosure shall be recorded in the minutes of the meeting.

(2) The member shall not—

(a) in any case of any such contract, take part in any deliberation or decision with respect to the contract; and

(b) in the case of any other matter, take part in any deliberation or decision with respect to the matter if the Agency or the committee decide 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 Agency or a committee to the effect that he is a member of a specified body corporate or firm and is to be regarded as interested in any contract which is made with the body corporate or firm after the date of the notice, and in any other matter whatsoever concerning the body corporate or firm which falls to be considered after that date, shall be a sufficient disclosure of his interest.

(4) A member need not attend in person at a meeting of the Agency or a committee 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 and read at such a meeting.

Section 16

The validity of any proceedings of the Agency or a committee shall not be affected by any vacancy among the members or by any defect in the appointment of a member or by any failure to comply with the requirements of paragraph 15 above.

Section 17

The Agency shall be a body corporate.

Section 18

The fixing of the common seal shall be authenticated by the signature of the chairman of the Agency or some other person authorised by the Agency to act for that purpose.

Section 19

A document purporting to be duly executed under the seal of the Agency shall be received in evidence and shall be deemed to be so executed unless the contrary is proved.

Section 19A

(1) A certificate signed by the chief executive of the Agency that any document purporting to be made or issued by or on behalf of the Agency was so made or issued shall be conclusive evidence of that fact.

(2) A document purporting to be such a certificate shall be received in evidence and be deemed to be such a certificate unless the contrary is proved.

Section 19B

A person dealing with the Agency, or with a person claiming under the Agency, shall not be concerned to inquire—

(a) whether any directions have been given to the Agency under this Act or whether any directions so given have been complied with; or

(b) whether any approval, authority or consent of the Secretary of State or the Treasury required for any of the purposes of this Act has been given, or whether any condition or limitation subject to which any such approval, authority or consent was given has been complied with,

and, in favour of any such person, the validity of anything done by the Agency shall not be affected by anything contained in any such direction, approval, authority or consent or by reason that any such direction, approval, authority or consent has not been given.

Section 20

(1) Stamp duty shall not be chargeable on any instrument which is certified to the Commissioners of Inland Revenue by the Agency as having been made or executed for the purpose of the transfer to the Agency of securities or other property held—

(a) by or on behalf of the Crown; or

(b) by a company all of whose shares are held by or on behalf of the Crown or by a wholly owned subsidiary of such a company.

(2) No such instrument as is mentioned in sub-paragraph (1) above shall be deemed to be duly stamped unless it is stamped with the duty for which it would but for this paragraph be liable or it has, in accordance with the provisions of section 12 of the Stamp Act 1891, been stamped with a particular stamp denoting that it is not chargeable with any duty or that it is duly stamped.