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INDUSTRIES DEVELOPMENT ACT (NORTHERN IRELAND) 1966

INDUSTRIES DEVELOPMENT ACT (NORTHERN IRELAND) 1966 - LONG TITLE

An Act to consolidate with amendments the Industries Development Acts
1945 to 1953 and certain other enactments relating to industrial
development; to make better provision for the giving of financial
and other assistance for the establishment or development of
industrial and certain other undertakings; and for matters connected
therewith.
[22nd November 1966]
Selective financial assistance.

[

INDUSTRIES DEVELOPMENT ACT (NORTHERN IRELAND) 1966 - SECT 1

1.(1) For the purposes set out in the following provisions of this
section, the Department of Commerce (in this Act referred to as
"the Department") may, with the consent of the Department of
Finance, invest or provide financial assistance where, in its opinion

(a)the investment or financial assistance is likely to provide,
maintain or safeguard employment in any part of Northern Ireland;

(b)the form and amount of the investment or financial assistance is
reasonable having regard to all the circumstances; and

(c)there are good prospects that the investment or provision of such
financial assistance will achieve one or more of the purposes set
out below and is justified having regard to any of those purposes.

(2) The purposes mentioned in subsection (1) are

(a)to promote the development or modernisation of an industry or of
any undertaking in an industry;

(b)to promote the efficiency of an industry or of any undertaking
in an industry;

(c)to create, expand or sustain productive capacity in an industry
or in any undertaking in an industry;

(d)to promote the reconstruction, reorganisation or conversion of an
industry or of undertakings in an industry;

(e)to encourage arrangements for ensuring that any run down of an
industry, or of any undertaking in an industry, proceeds in an
orderly way.

(3) Subject to the following provisions of this section, investment
or financial assistance under this section may be made or given on
any terms or conditions, and by any description of investment or
lending or guarantee, or by making grants, and may, in particular,
be

(a)investment by subscription for, or aquisition of, loan or share
capital in any company including an acquisition effected by the
Department through that company's holding company;

(b)investment by the acquisition of any undertaking or of any
assets;

(c)a loan, whether secured or unsecured, and whether or not carrying
interest or interest at a commercial rate;

(d)any form of insurance or guarantee to meet any contingency, and
in particular to meet default on payment of a loan, or of interest
on a loan, or non-fulfilment of a contract.

(4) The Department may, in return for any shares or stock acquired
by it under subsection (3)(a), cancel any conditions attached to a
grant made by the Department under any enactment.

(5) Where

(a)a sum is outstanding in respect of a loan made under any
enactment by the Department to a company; and

(b)the Department has power to give assistance to the company under
the foregoing provisions of this section;

[(5A) Subject to subsection (5B), where any instalment of principal
or interest or both principal and interest due on foot of any loan
made under this section is more than thirty-one days in arrear
additional interest at such rate as may from time to time be
determined by an order made by the Department of Finance subject to
negative resolution shall, notwithstanding any enactment or rule of
law to the contrary, be chargeable on that instalment as from the
date on which it fell due and shall be recoverable therewith.

(5B) The Department may, with the approval of the Department of
Finance, in such cases as it thinks fit waive the payment of such
additional interest as is mentioned in subsection (5A).]

(6) Without prejudice to the foregoing provisions of this section, a
grant may be made under this section in respect of expenditure
incurred in connection with, or by reason of, the transfer of any
undertaking within or to Northern Ireland.

(7) The Head of the Department shall appoint an advisory committee
for the purposes of this section and the Department shall, except
in relation to cases falling within such class or description of
case as is specified by the Department with the approval of the
Department of Finance, consult that committee before exercising its
functions under this section and it shall be the duty of the
committee to give advice to the Department on such matters relating
to this section as may be referred to it by the Department.

(8) In this section

"holding company" has the same meaning as in the Companies Act
(Northern Ireland) 1960;

"industry" includes any description of commercial activity, and
references to an industry include references to any section of an
industry;

Provision of premises and sites.

INDUSTRIES DEVELOPMENT ACT (NORTHERN IRELAND) 1966 - SECT 2

2.(1) In order to provide or facilitate the provision in Northern
Ireland of premises for occupation by undertakings carried on or to
be carried on, or for otherwise meeting the requirements of such
undertakings, or for meeting the requirements (including the training)
of persons employed or likely to be employed therein, the Ministry
may, subject to the provisions of this Act

(a)by agreement acquire or take on lease any land or, subject to
subsection (2), acquire land compulsorily;

(b)do anything which is required in order to develop land so
acquired or taken on lease, including the erection or extension of
buildings, the carrying out of works and the provision, or
facilitating the provision, of means of access, services or other
facilities; and

(c)dispose of any land so acquired or taken on lease.

(2) Nothing in subsection (1) shall enable the Ministry to acquire,
otherwise than by agreement

(a)any land of an undertaking, which is in use for the purposes of
that undertaking, being an undertaking which provides employment which
is substantial having regard to the extent of the land used for
its purposes and the nature of the undertaking; or

(b)any land owned or occupied by or on behalf of a housing or
local authority or any public utility undertaking.

(3) Subject to subsection (2), where the Ministry desires to
acquire, otherwise than by agreement, any land for the purposes
referred to in subsection (1), the Ministry may make an order (in
this subsection referred to as a "vesting order") vesting that land
in the Ministry; and Schedule 5 to the Roads Act (Northern Ireland)
1948 shall, subject to the modifications thereof specified in
Schedule 1, apply for the purposes of the acquisition of land by
means of a vesting order made under this subsection in the like
manner as it applies to the acquisition of land by means of a
vesting order made under that Act.

(4) Without prejudice to the generality of the power thereby
conferred, the power conferred on the Ministry by subsection (1)(b)
shall include power

(a)to modernise, alter, rebuild, repair or keep in repair any
premises held by it under this Act;

(b)to provide in any such premises such plant or other equipment,
fittings or fixtures of a permanent or semi-permanent nature as the
Ministry considers necessary for the proper occupation of the
premises.

(5) Without prejudice to subsection (1)(c) or to any other power of
disposal, the Ministry may, with the approval of the Ministry of
Finance and subject to such terms and conditions as the Ministry
may think fit, dispose of any land, acquired or taken on lease
under this Act, for the purpose of the provision of any basic
service.

(6) Nothing in section 5 of the Stormont Regulation and Government
Property Act (Northern Ireland) 1933 (which relates to the taking
and disposal of land for the public services) shall affect the
disposal by the Ministry under subsection (1)(c) or (5) of land
acquired or taken on lease under this Act.

INDUSTRIES DEVELOPMENT ACT (NORTHERN IRELAND) 1966 - SECT 3
Regard to be had by Ministry to locality of undertaking.

3. In exercising its functions under sections 1 and 2, the Ministry
shall have regard to any circumstances which, in the opinion of the
Ministry, render it desirable that an undertaking should be
established [, carried on] or developed in some particular locality.

INDUSTRIES DEVELOPMENT ACT (NORTHERN IRELAND) 1966 - SECT 4
Financial assistance for basic services.

4.(1) Where it appears

(a)to any Government department that adequate provision has not been
made for meeting the requirements of undertakings carried on or to
be carried on (including the requirements of persons employed or
likely to be employed in such undertakings), in respect of any
basic service for which that department is responsible; or

Para.(b) rep. by 1977 NI 8 art.14(2) sch.

(2) For the purposes of subsection (1)(a), in case of any doubt as
to which, if any, department is responsible for any basic service,
the responsibility for that service, for the purposes of that
subsection, shall be vested in such department as the Ministry of
Finance may designate as the department responsible for that service.

Subs.(3) rep. by 1977 NI 8 art.14(2) sch.

INDUSTRIES DEVELOPMENT ACT (NORTHERN IRELAND) 1966 - SECT 5
Supplementary provisions.

5.(1) Where any Government department recommends that the whole or
any part of the principal or interest of any loan made under this
Act should be written off by reason that the same is not likely
to be recovered and the Ministry of Finance directs that the amount
shall be written off, such amount shall be treated as a loss to
the Exchequer, but nothing in this subsection shall affect the
liability of any person to pay to such department the principal of,
or interest on, any such loan or part thereof.

(2) Where, in the case of an undertaking, a guarantee has been
given or a loan made under this Act and the Ministry is satisfied,
after consultation with the committee appointed under [section 1(7)],
that, with a view to enabling all or part of any moneys paid for
fulfilling the guarantee or of the moneys lent, as the case may
be, to be recovered, it is expedient to provide further financial
assistance for the purposes of the undertaking, the Ministry may
provide such further assistance of such amount and on such terms
and conditions as the Ministry may, with the approval of the
Ministry of Finance, think proper.

(3) Any amount which is repayable to any Government department under
this Act may, without prejudice to any other means of recovery, be
recovered by deduction from any grant or other sum payable out of
moneys provided by Parliament or by that or any other Government
department to the undertaking from which, or the person from whom,
the amount is due, and that grant or sum shall be abated
accordingly.

(4) Without prejudice to any other provision of this Act, the
Ministry may, with the approval of the Ministry of Finance, expend
moneys for the purpose of

(a)paying allowances to the members of the committee appointed under
[section 1(7)];

(b)making known the scope for industrial development in Northern
Ireland; and

(c)carrying out, or giving financial assistance towards the carrying
out, of such inquiries, investigations and researches as the Ministry
considers will further the purposes of this Act.

INDUSTRIES DEVELOPMENT ACT (NORTHERN IRELAND) 1966 - SECT 6
Power to enter on lands.

6.(1) A person authorised in writing (stating the particular purpose
or purposes for which the entry is authorised) by the Government
department in respect of whose responsibilities the entry is required
may, at all reasonable times, on giving

(a)in the case of entry under this section for the sole purpose of
examination, at least twenty-four hours' prior notice of his
intention to the occupier or owner; and

(b)in the case of entry under this section for any other purpose,
at least six days' prior notice in writing of his intention to the
occupier and to the owner, if the owner is known;

(i)any land which the Ministry proposes to acquire compulsorily under
powers conferred upon it by this Act;

(ii)any land, where it appears to the Government department that
survey, valuation or examination is necessary in order to determine
whether any powers under this Act should be exercised in respect of
that land;

(2) If any person, other than the owner or occupier of the land,
obstructs a person so authorised in the performance of anything
which the second-mentioned person is so required or authorised to
do, he shall be guilty of an offence and shall be liable on
summary conviction to a fine not exceeding #20.

(3) If any person, being the owner or occupier of land, prevents a
person authorised under subsection (1) from duly carrying into effect
any survey, valuation or examination of the land, or from doing
thereon anything authorised by that subsection, a court of summary
jurisdiction on proof thereof may order the first-mentioned person to
permit to be done on the land all things requisite for carrying
into effect the survey, valuation or examination or for doing such
other thing as aforesaid; and, if he fails to comply with the
order, he shall be guilty of an offence and shall, for every day
during which the failure continues, be liable on summary conviction
to a fine not exceeding #20.

(4) Where any property is damaged in the exercise of a right of
entry conferred under this section, or in the making of any survey
or examination or the doing of any thing for the purpose of which
any such right of entry has been so conferred, compensation in
respect of that damage may be recovered from the Government
department by any person interested in the property.

(5) Any question of disputed compensation under this section shall
be referred to and determined by the Lands Tribunal for Northern
Ireland.

(6) Any reference in this section to an occupier or to an owner
shall be construed as including a reference to a person appointed
in writing by such occupier or owner as his representative for
purposes which include all or any of the purposes of this section.

S.7 rep. by 1969 c.16 (NI) s.31(2) sch.3 Pt.I

INDUSTRIES DEVELOPMENT ACT (NORTHERN IRELAND) 1966 - SECT 8
Annual report.

8. As soon as may be after the 31st March in the year 1968 and
in each subsequent year thereafter, the Ministry shall prepare a
report on the discharge of its functions under this Act, and shall
lay the report before Parliament.

INDUSTRIES DEVELOPMENT ACT (NORTHERN IRELAND) 1966 - SECT 9
Financial expenditure.

9.(1) The expenses incurred by the Ministry or by any other
Government department under this Act shall, except as otherwise
provided by subsections (2) and (3), be defrayed out of moneys
provided by Parliament.

(2) Any moneys required for fulfilling a guarantee given under
[section 1(3)] shall be defrayed by means of sums charged on and
issued out of the Consolidated Fund.

(3) Expenditure, not exceeding in the aggregate the sum of
[#650,000,000], incurred or to be incurred by the Ministry for
purposes which the Ministry of Finance considers to be capital
purposes of this Act shall, if the Ministry of Finance so directs,
be defrayed by means of sums charged on and issued out of the
Consolidated Fund.

(4) The Ministry of Finance may borrow money for the purpose of
providing for issues out of the Consolidated Fund under subsections
(2) and (3).

(5) Moneys borrowed under subsection (4) shall be repaid within
twenty-five years from the date of borrowing, and provision for such
repayment may be made out of moneys provided by Parliament.

INDUSTRIES DEVELOPMENT ACT (NORTHERN IRELAND) 1966 - SECT 10
Interpretation.

10.(1) In this Act

"basic service" means the provision of

(a)means of communication by road, rail, water or air (including the
provision of roads, railways, sidings, docks, airfields, air terminals
or other works); or

(b)power, lighting or heating; or

(c)any other service on which undertakings depend, including housing,
water supplies, drainage, effluent disposal and sewerage systems and
facilities for meeting the requirements of persons employed in
undertakings;

"Government department" means a Ministry of Northern Ireland;

"housing authority" includes both a local authority and the Northern
Ireland Housing Trust but does not include a housing association
within the meaning of section 12(2) of the Housing and Local
Government (Miscellaneous Provisions) Act (Northern Ireland) 1946;

"local authority" means the council of any county, county or other
borough or urban district or of a rural district, or the
commissioners of a town, or a new town commission within the
meaning of the New Towns Act (Northern Ireland) 1965;

"the Ministry" has the meaning assigned to it by section 1(1);

"public utility undertaking" includes any company or authority which
carries on a gas, water, hydraulic power, electricity or public
transport or harbour undertaking, or any undertaking for providing or
improving drainage;

"undertaking" means any trade or business, or any other activity
providing employment.

(2) In this Act, references to the guaranteeing of a loan shall be
construed as references to guaranteeing (whether wholly or in part
and whether solely or jointly with other guarantors) the payment
either of the interest or of the principal, or of both, of the
loan.

S.11 rep. by 1980 NI 12 art.39(1)

INDUSTRIES DEVELOPMENT ACT (NORTHERN IRELAND) 1966 - SECT 12
Transitional provisions.

12. Without prejudice to sections 28 and 29 of the Interpretation
Act (Northern Ireland) 1954, the transitional provisions specified in
Schedule 3 shall have effect for the purposes of this Act.

S.13 rep. by SLR 1973

INDUSTRIES DEVELOPMENT ACT (NORTHERN IRELAND) 1966 - SECT 14
Short title.

14. This Act may be cited as the Industries Development Act
(Northern Ireland) 1966.

1. References to the Ministry or to the authority shall be
construed as references to the Ministry within the meaning of this
Act.

2. References to the said Schedule 5 shall be construed as
references to that Schedule as modified by this Schedule.

3. The expressions "land" and "estate" shall have the meanings
respectively assigned to them by section 45(1)(a) and (2) of the
Interpretation Act (Northern Ireland) 1954.

4. Paragraph 1 shall be omitted.

5. For paragraph 2, there shall be substituted the following

"2.(1) The Ministry, where it proposes to acquire land compulsorily
for the purpose of any of its functions under the Industries
Development Act (Northern Ireland) 1966, shall give public notice of
its intention so to do.

(2) Any such notice as aforesaid

(a) shall state clearly the nature of the proposal and shall
specify the land to which the proposal relates;

(b)shall state the time (not being less than twenty-one days from
the last publication of the notice) within which objections to such
proposal may be presented to the Ministry; and

(c)shall be published in two successive weeks in one or more than
one newspaper circulating in the locality in which such land is
situate;

(i)where the notice is served on the Ministry of Finance in respect
of land subject to an annuity under the Land Purchase Acts, a
recently certified copy of the relevant Land Registry map showing in
distinct colour the land to which it relates; or

(ii)where the notice is served on any other person, a map or plan
sufficient to enable the person so served to identify the land
concerned."

6. In paragraph 3

(a)in sub-paragraph (1), the words ", where the authority is a
local authority," shall be omitted; and, for the words "(if it
appears to the Ministry necessary so to do)", there shall be
substituted the words "(unless no objections have been received, or
any objections received have been met or withdrawn or relate solely
to the amount of compensation, or are objections which the Ministry
is satisfied are solely of a frivolous or vexatious nature)"; and

(b)in sub-paragraph (2), the words from ", and, in particular" to
the end thereof shall be omitted.

7. In paragraph 4

(a)in sub-paragraph (b), the two references to the said Act of 1948
shall be construed as references to this Act; and

(b)for sub-paragraph (d), there shall be substituted the following

"(d)as soon as may be after a vesting order has become operative,
the Ministry shall serve on every person appearing to it to have
an interest in the land, the subject of the vesting order, either
a copy of the vesting order or a notice stating that the vesting
order has become operative and naming a place where a copy of the
vesting order and of any map or plan referred to therein may be
seen at all reasonable hours and may be obtained free of charge
upon written request made by or on behalf of any person having an
estate or interest in the land vested thereby.".

8. In paragraph 5

(a)in the first sub-paragraph

(i)for the words "any estate in fee simple in the land to which
it relates", there shall be substituted the words "such estate in,
to or over the land to which it relates as is therein specified";
and

(ii)the words from the beginning of head (a) to the words "is the
Ministry," in head (b), the words ", as the context requires,", and
the words from "or any other" to the end of the sub-paragraph,
shall be omitted; and

(b)in the second sub-paragraph, for the words from "be the date" to
the end, there shall be substituted the words "be either the date
on which the vesting order becomes operative or the date of the
lodgment of the vesting order with the registering authority under
the said Act, whichever is the later."

9. In paragraph 10, the words from the beginning of head (a) to
the words "is the Ministry," in head (b) shall be omitted.

Schedule 2 rep. by 1966 c.41 (NI) s.15(2) sch.2 Pt.II; 1980 NI 12
art.39(1)

1. Appointments to the advisory committee established by section 1(1)
of the Industries Development Act (Northern Ireland) 1945 which were
in force immediately before the commencement of this Act shall be
deemed to be appointments to the advisory committee established by
section 1(1) of this Act.

2. The repeal of the repealed Acts shall not operate so as to
prejudice or affect any right of the Ministry or of any other
Government department to recover moneys advanced, granted or lent
under those Acts, or to enforce any covenant, condition or other
provision contained in any instrument executed as security for, or
in connection with, the advance, grant or loan of such moneys, or
otherwise.

3. The repeal of the repealed Acts shall not affect any grant,
advance or loan made (or agreed to be made before the commencement
of this Act, but not implemented or not fully implemented before
such commencement) under any of the repealed Acts, but such grants,
advances and loans shall be deemed to have been made (or agreed to
be made) under this Act, and the provisions of this Act shall,
with any necessary modifications, apply thereto as if they had been
made (or agreed to be made) under this Act.

4. All applications for advances, grants and loans under any of the
repealed Acts, which have not been agreed to or which have been
refused, shall be deemed to be applications made under this Act,
and the provisions of this Act shall, with any necessary
modifications, apply thereto as if they had been made under this
Act.

5. Notwithstanding the repeal of the repealed Acts, those Acts
shall, where before the commencement of this Act the Ministry has
published notice of its proposals to acquire compulsorily any land
or premises pursuant to those Acts, continue to apply to the
acquisition of that land or those premises as if this Act had not
been passed.

6. Any land acquired or taken on lease under any of the repealed
Acts shall be deemed to have been acquired or taken on lease under
this Act, and any reference to any land acquired or taken on
lease, or to any premises held, under this Act shall be construed
accordingly.

7. Notwithstanding the repeal of section 26 of the Public Health
and Local Government (Miscellaneous Provisions) Act (Northern Ireland)
1962, any exemption from rates granted before the 1st May 1962
under the enactments referred to in subsection (1) of that section
shall continue to have effect as if subsection (2) of that section
had not been repealed.

8. In this Schedule, "repealed Acts" means the New Industries
(Development) Act (Northern Ireland) 1932 and the Industries
Development Acts (Northern Ireland) 1945 to 1953 as amended from
time to time.

Schedule 4 rep. by SLR 1973