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The Wales Tourist Board (Transfer of Functions to the National Assembly for Wales and Abolition) Order 2005

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PART 1

Development of Tourism Act 1969 (c. 51)

The Development of Tourism Act 1969 is amended as follows.

1.  In section 1 (Establishment of British Tourist Authority, English Tourist Board, Scottish Tourist Board and Wales Tourist Board)—

(1) in subsection (1), for “four” substitute “three” and for “, the Scottish Tourist Board and the Wales Tourist Board” substitute “and the Scottish Tourist Board”;

(2) in paragraph (b) of subsection (2), for “the chairman of the Wales Tourist Board” substitute “a person appointed by the National Assembly for Wales”;

(3) in subsection (3)—

(a)for “Trade,” substitute “Trade and”, and

(b)omit “, and the Wales Tourist Board shall consist of a chairman and not more than six other members appointed by the Secretary of State for Wales”;

(4) in subsection (6), for “Trade,” substitute “Trade and” and omit “and, in relation to the Wales Tourist Board, the Secretary of State for Wales”; and

(5) in the heading, for “, Scottish Tourist Board and Wales Tourist Board” substitute “and Scottish Tourist Board”.

2.  In section 2 (General functions and powers)—

(1) in subsection (1), for “Wales Tourist Board” substitute “National Assembly for Wales”;

(2) in subsection (2), for “and (4)” substitute “, (4) and (4A)” and after “each Tourist Board” insert “and the National Assembly for Wales” and in paragraph (e) after “Board” insert “or the National Assembly for Wales”;

(3) in subsection (3), after “Tourist Boards” insert “or the National Assembly for Wales”;

(4) after subsection (4) add—

(4A) The National Assembly for Wales shall also have no such power under this Act, except as provided by sections 3 and 4A.;

(5) in subsection (5), for “Wales Tourist Board” substitute “National Assembly for Wales”, after “Boards” in the first and second place it occurs insert “or the National Assembly for Wales” and in the third place it occurs insert “and the National Assembly for Wales”;

(6) in subsection (6)—

(a)after “each Tourist Board” insert “and the National Assembly for Wales”, and

(b)after “other Tourist Boards” insert “and, as appropriate, the National Assembly for Wales”;

(7) after subsection (7) add—

(7A) The National Assembly for Wales may charge for its services and receive contributions towards its expenses in carrying out any of its functions under this Act as read with the Tourism (Overseas Promotion) (Wales) Act 1992(1); and

(8) after subsection (8) add—

(8A) The National Assembly for Wales may borrow money for the purposes of exercising its functions under this Act as read with the Tourism (Overseas Promotion)(Wales) Act 1992..

3.  In section 3 (General schemes of assistance for tourist projects)—

(1) in subsection (1), for “Wales Tourist Board” substitute “National Assembly for Wales” and after “Boards” insert “and the National Assembly for Wales”;

(2) in subsection (4), after “a Tourist Board” insert “and the National Assembly for Wales”; and

(3) in subsection (5), for “Wales Tourist Board” substitute “National Assembly for Wales”.

4.  After section 4 (Execution of particular tourist projects) add—

4A  Execution of particular tourist projects: Wales

(1) The National Assembly for Wales shall have power—

(a)to give financial assistance for the carrying out of any project which in its opinion will provide or improve tourist amenities and facilities in Wales;

(b)to carry out any such project as aforesaid.

(2) Financial assistance under subsection (1) of this section may be given by way of grant or loan or, if the project is being or is to be carried out by a company incorporated in Great Britain, by subscribing for or otherwise acquiring shares or stock in the company or by any combination of those methods.

(3) In making a grant or loan under subsection (1)(a) of this section the National Assembly for Wales may impose such terms and conditions as it thinks fit, including conditions for the repayment of a grant in specified circumstances; and Schedule 2 to this Act shall have effect for securing compliance with conditions subject to which any such grant is made.

(4) The National Assembly for Wales shall not dispose of any shares or stock acquired by it by virtue of this section except after consultation with the company in which the shares or stock are held..

5.  In sub-paragraph (1) of section 5 (Miscellaneous duties and powers), for “Wales Tourist Board” substitute “National Assembly for Wales”.

6.  In section 17 (Registration of tourist accommodation)—

(1) in subsection (1), after “Boards” insert “and the National Assembly for Wales”;

(2) in subsection (3), in paragraph (a) for “Wales Tourist Board” substitute “National Assembly for Wales”, and in paragraph (c) after “any Tourist Board” insert “or the National Assembly for Wales” and after “the Board” insert “or (as the case may be) the Assembly”;

(3) in subsection (4), for “Secretary of State for Wales” substitute “National Assembly for Wales”; and

(4) after subsection (7) add—

(7A) Subsection (7) applies in relation to the National Assembly for Wales if it is maintaining such a register as it applies in relation to a Tourist Board..

7.  In Schedule 2 (Enforcement of conditions of grant)—

(1) after sub-paragraph (1) of paragraph 1 add—

(1A) Sub-paragraph (1) applies in relation to the National Assembly for Wales and any person who has received a grant from the Assembly (and any person acting on that person’s behalf) as it applies in relation to a Tourist Board and the corresponding persons.;

(2) in sub-paragraph (1) of paragraph 2, after “Tourist Board” insert “or the National Assembly for Wales” and after “the Board” insert “or (as the case may be) the Assembly”; and

(3) in sub-paragraph (1) of paragraph 3, after “Tourist Board” insert “or the National Assembly for Wales”.

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