Office of Public Sector Information
PART I continued
(3) In subsection (2) above—
“a board” means an industrial training board established under section 1 of the [1964 c. 16.] Industrial Training Act 1964 or under section 1 of the [1982 c. 10.] Industrial Training Act 1982; and
“relevant information” means information obtained under the [1947 c. 39.] Statistics of Trade Act 1947,
and any reference in that subsection to—
(i) the Secretary of State, a government department, Scottish Enterprise, Highlands and Islands Enterprise or such a board includes an officer of his, or as the case may be of that body;
(ii) such a board includes a committee appointed by the board, any officer of such a committee and any person entitled to take part in proceedings of the board.
(4) Notice in pursuance of paragraph (c) or (e) of subsection (2) above shall include specification of the purpose for which the information disclosed may be used.
(5) A person to whom information is disclosed by virtue of subsection (2) above shall not use the information for a purpose other than—
(a) in a case falling within paragraph (a) of the subsection, a purpose of the body to which the disclosure is made;
(b) in a case falling within paragraph (b) of the subsection, a purpose of the government department in question;
(c) in a case falling within paragraph (c) or (e) of the subsection, the purpose specified under subsection (4) above in the notice given to the person in pursuance of the paragraph in question;
(d) in a case falling within paragraph (d)(i) of the subsection, a purpose related to the carrying out of the research or survey in question;
(e) in the case of information given by virtue of paragraph (d)(ii) of the subsection to an officer of a planning authority, the purposes of the functions conferred on the authority by Part II of the [1972 c. 52.] Town and Country Planning (Scotland) Act 1972; and
(f) in the case of information given by virtue of the said paragraph (d)(ii) to an officer of a development corporation, the purposes of the functions conferred on the corporation by section 3 of the [1968 c. 16.] New Towns (Scotland) Act 1968 (objects and general powers of corporation).
(6) A person who contravenes subsection (5) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.
(7) Without prejudice to section 30(5) of this Act, Scottish Enterprise and Highlands and Islands Enterprise shall each furnish the Secretary of State with such information in its possession as he may require in connection with the determination of questions relating to contributions or benefit under—
(a) the benefit Acts (as defined in section 84(1) of the [1986 c. 50.] Social Security Act 1986); or
(b) the [1988 c. 7.] Social Security Act 1988,
and any information falling to be furnished in pursuance of this subsection shall be furnished in such form and at such times as the Secretary of State may direct.
(1) Except with the approval of the Secretary of State, the powers mentioned in subsection (1)(a)(ii), (b), (c), (l) (in relation to forming or promoting companies but not in relation to joining with any other person in forming or promoting companies) and (n) of section 8 of this Act shall be exercised by Scottish Enterprise in connection only with such of its functions as are mentioned in section 4 (1)(a) or (b) of this Act.
(2) The powers mentioned in subsections (1)(a)(i) and (e) to (g) and (4) of the said section 8 shall be exercised only in accordance with arrangements made with the Secretary of State.
(3) The powers mentioned in subsections (1)(a), (b), (d), (l) and (m) and (4) of the said section 8 shall be exercised by Highlands and Islands Enterprise as regards only persons carrying on, or proposing to carry on, whether or not wholly within the Highlands and Islands, a business or undertaking which in the opinion of the body contributes or will contribute to the economic and social development, or the improvement of the environment, of the Highlands and Islands.
(4) Neither Scottish Enterprise nor any of its subsidiaries shall acquire any of the share capital of a body corporate except with the consent of the Secretary of State or in accordance with any general authority given by the Secretary of State—
(a) if the acquisition would entitle Scottish Enterprise to exercise, or control the exercise of, 30% or more of the votes at any general meeting of the body corporate; or
(b) if the value of the consideration for the acquisition, together with the value of any consideration paid for share capital of the body corporate already held by Scottish Enterprise or any of its subsidiaries would exceed £1,000,000.
(5) Subsection (4)(a) above shall not restrict the acquisition of share capital which gives a right to vote exercisable only in restricted circumstances; and where Scottish Enterprise holds such share capital the fact that it does so shall be disregarded for the purpose of determining whether subsection (4)(a) above prevents acquisition of further share capital of the same body corporate.
(1) The Secretary of State may after consulting with—
(a) Scottish Enterprise, give Scottish Enterprise;
(b) Highlands and Islands Enterprise, give Highlands and Islands Enterprise,
directions of a general or specific character as to the exercise of its functions; and it shall be the duty of the body in question to give effect to any such directions.
(2) Without prejudice to sections 12(7) and 30(5) of this Act, the Secretary of State may give directions to Scottish Enterprise or to Highlands and Islands Enterprise requiring the body in question to furnish to a government department, in a form specified in the directions, any information so specified which has been obtained by that body by virtue of section 12(1) of this Act or otherwise.
(1) Where it appears to—
(a) Scottish Enterprise; or
(b) Highlands and Islands Enterprise,
that a person would have been entitled, by reference to an injury or disease developed by him or by another person in consequence of attendance at a course provided or approved by it or in consequence of the use of facilities so provided or approved, to receive any benefit or increase in benefit in pursuance of Part II of the [1975 c. 14.] Social Security Act 1975 but for the fact that he or the other person was not at a relevant time an employed earner, it may make to him payments equal to the whole or part of the benefit or increase in question.
(2) With the approval of the Secretary of State—
(a) Scottish Enterprise; or
(b) Highlands and Islands Enterprise,
may make to a person payments by way of travelling and subsistence allowances and compensation for loss of remunerative time which it considers are appropriate in connection with the person’s attendance at any examination connected with a claim for payments from it under subsection (1) above.
(1) It shall be the duty of—
(a) Scottish Enterprise; and
(b) Highlands and Islands Enterprise,
in exercising any power which the body in question has to select disabled persons for courses of training, to give preference, so far as the body in question considers it consistent with the efficient exercise of the power, to persons of the classes specified in section 16 of the [1944 c. 10.] Disabled Persons (Employment) Act 1944 (classes of ex-service men and women to whom preference is to be given in terms of that section).
(2) In subsection (1) above, “disabled person” has the same meaning as in the said Act of 1944.
Without prejudice to paragraph (a) of section 2(4) of this Act or to any enactment prohibiting discrimination (within the meaning of the [1975 c. 65.] Sex Discrimination Act 1975 or the [1976 c. 74.] Race Relations Act 1976), Scottish Enterprise and Highlands and Islands Enterprise shall each, in exercising its functions, promote—
(a) such actings by any employer as are lawful by virtue of section 48(1) of the said Act of 1975 (facilities for women only or for men only to train for, and encouragement for them to take up, work not ordinarily done for the employer by persons of the sex in question etc.) or 38(1) of the said Act of 1976 (corresponding facilities and encouragement in relation to members of particular racial groups); and
(b) actings by any employer—
(i) to afford access to facilities for training for disabled persons which would help to fit them for particular work in his employment; or
(ii) to encourage disabled persons to take advantage of opportunities for doing such work.
In sections 16 of the [1975 c. 65.] Sex Discrimination Act 1975 and 15 of the [1976 c. 74.] Race Relations Act 1976 (prohibitions on discrimination in provision of facilities or services under section 2 of the [1973 c. 50.] Employment and Training Act 1973), there shall in each case after subsection (1) be inserted the following subsection—
“(1A) It is unlawful for Scottish Enterprise or Highlands and Islands Enterprise to discriminate in the provision of facilities or services under such arrangements as are mentioned in section 2(3) of the Enterprise and New Towns (Scotland) Act 1990 (arrangements analogous to arrangements in pursuance of section 2 of the said Act of 1973).”.
(1) Subject to subsection (2) below and to section 3 of this Act, and without prejudice to section 8(1)(k) thereof, Scottish Enterprise and Highlands and Islands Enterprise may each arrange for the discharge of any of its functions by another person on such terms as may be agreed between it and that person; and with the function so delegated it may delegate to the person such of its powers as are requisite for discharging the function and may (under section 8(1) of this Act) transfer to the person such of its property as it considers appropriate on such terms as may be so agreed.
(2) The following shall not be delegated under subsection (1) above—
(a) the functions of Scottish Enterprise, and of Highlands and Islands Enterprise, mentioned in section 2(2) of this Act;
(b) the functions of Highlands and Islands Enterprise mentioned in paragraphs (a), (b) and (f) of section 5(1) of this Act;
(c) any power to acquire land compulsorily or by virtue of section 8(11) of this Act;
(d) any power to authorise entry to land; or
(e) any power to require or obtain information.
(3) Any arrangement made by Scottish Enterprise or Highlands and Islands Enterprise under subsection (1) above shall not prevent the body in question from itself exercising the delegated function or any power delegated with the function.
(1) Any local authority may, within their area, act as agent for Scottish Enterprise or Highlands and Islands Enterprise or for any relevant person, and any development corporation of a new town may so act whether within or, with the consent of the Secretary of State, outwith the designated area of the new town, to carry out any of the functions—
(a) of Scottish Enterprise mentioned in paragraphs (d) to (h) of section 4(1) of this Act; or
(b) of Highlands and Islands Enterprise mentioned in paragraphs (c) to (e) of section 5(1) of this Act.
(2) For the purposes of assisting Scottish Enterprise, Highlands and Islands Enterprise or any relevant person to carry out any of the functions referred to in paragraph (a) or (b) of subsection (1) above, a local authority or development corporation, on being requested by the body or person in question, may place at its or his disposal the services of officers or servants of the authority or corporation on such terms as may be agreed with that body or person.
(3) The references in subsections (1) and (2) above to any relevant person are to a person to whom any of the functions to be carried out has been delegated under section 19(1) of this Act.
(1) Subject to the provisions of this Part of this Act, the area within or in relation to which the functions of Highlands and Islands Enterprise shall be exercisable (in this Act referred to as “the Highlands and Islands”) shall comprise—
(a) Highland Region, Western Isles Islands Area, Orkney Islands Area, Shetland Islands Area, Argyll and Bute District, Arran, Great Cumbrae and Little Cumbrae;
(b) in the Moray District, the parishes of Aberlour, Cabrach, Dallas, Dyke, Edinkillie, Forres, Inveravon, Kinloss, Kirkmichael, Knockando, Mortlach, Rafford and Rothes; and
(c) such other parts of Scotland as, having regard to their character and their proximity to the area mentioned in paragraphs (a) and (b) above, the Secretary of State may by order made by statutory instrument from time to time designate.
(2) An order shall not be made under subsection (1) above unless a draft of it has been laid before, and approved by a resolution of, each House of Parliament.
(3) The functions of Scottish Enterprise shall be exercisable throughout Scotland; but within or in relation to the area mentioned in subsection (1) above only if and in so far as their exercise—
(a) is requested by Highlands and Islands Enterprise; or
(b) is, after his consulting not only with Scottish Enterprise but also with Highlands and Islands Enterprise, directed by the Secretary of State under section 14(1)(a) of this Act.
(4) Highlands and Islands Enterprise shall have an office in the Highlands and Islands at which communications and notices will be received.
(1) By virtue of this subsection, on a date which the Secretary of State may by order appoint—
(a) for the purposes of this paragraph (such date being in this Act referred to as “the first transfer date”) all property, rights and liabilities to which the Scottish Development Agency are entitled or subject immediately before the first transfer date shall instead become property, rights and liabilities of, and vest in, Scottish Enterprise (that body being referred to in Schedule 3 to this Act as the Scottish Development Agency’s “successor”);
(b) for the purposes of this paragraph (such date being so referred to as “the second transfer date”) all property, rights and liabilities to which the Highlands and Islands Development Board are entitled or subject immediately before the second transfer date shall instead become property, rights and liabilities of, and vest in, Highlands and Islands Enterprise (that body being referred to in the said Schedule as the Highlands and Islands Development Board’s “successor”).
(2) References in this Act to—
(a) property, rights and liabilities of the Scottish Development Agency or of the Highlands and Islands Development Board are references to all such property, rights and liabilities whether or not capable of being transferred or assigned by the said Agency or as the case may be by the said Board;
(b) liabilities of the Scottish Development Agency include, notwithstanding the repeal by this Act of Schedule 2 to the [1975 c. 69.] Scottish Development Agency Act 1975 (financial and administrative provisions relating to the Agency), any liability arising under or by virtue of that Schedule.
(3) It is hereby declared for the avoidance of doubt that—
(a) any reference in this Act to property of the Scottish Development Agency or of the Highlands and Islands Development Board is a reference to such property whether situated in the United Kingdom or elsewhere;
(b) any reference therein to rights and liabilities of the said Agency or of the said Board is a reference to rights to which the body in question are entitled or as the case may be to liabilities to which the body are subject, whether under the law of the United Kingdom or of any part of the United Kingdom or under the law of any country or territory outwith the United Kingdom; and
(c) the same date may be appointed as the first transfer date and as the second transfer date.
(4) The Secretary of State may by order made by statutory instrument transfer to Scottish Enterprise or Highlands and Islands Enterprise any relevant property, rights or liabilities to which he is entitled or subject.
(5) For the purposes of subsection (4) above, property, rights or liabilities—
(a) are relevant if, in the opinion of the Secretary of State, connected with the carrying out by him in Scotland of functions conferred by or under the [1973 c. 50.] Employment and Training Act 1973; and
(b) may be transferred whether or not capable of being transferred or assigned by the Secretary of State apart from under that subsection.
(6) An order under subsection (4) above may make such incidental and transitional provision as the Secretary of State considers necessary or expedient for the purposes of the order.
(1) The Scottish Development Agency shall continue in existence after the first transfer date, and the Highlands and Islands Development Board after the second transfer date, until the body in question are dissolved under subsection (3) below.
(2) The bodies mentioned in subsection (1) above are, in subsection (3) below and in Schedule 3 to this Act, referred to as the “existing bodies” and the period of either such body’s continued existence as their “transitional period”.
(3) The Secretary of State may by order made by statutory instrument, after consulting an existing body and their successor, dissolve the existing body on a day specified in the order, as soon as he is satisfied that nothing further remains to be done by that body (whether under the said Schedule 3 or otherwise).
(4) The transitional provisions and savings contained in Schedule 3 to this Act shall have effect; but those provisions are without prejudice to sections 16 and 17 of the [1978 c. 30.] Interpretation Act 1978 (effect of repeals).
(1) After consultation with Scottish Enterprise, the Secretary of State may, with the approval of the Treasury, determine the financial duties of Scottish Enterprise; and different determinations may be made in relation to different functions and activities of the body.
(2) The Secretary of State shall give Scottish Enterprise notice of every determination under subsection (1) above; and such a determination may—
(a) relate to a period beginning before the date on which it is made;
(b) contain incidental or supplemental provisions; and
(c) be varied by a subsequent determination under that subsection.
(1) Schedule 2 to this Act shall have effect as regards the finances of Scottish Enterprise.
(2) The aggregate amount outstanding, otherwise than by way of interest, in respect of—
(a) the general external borrowing of—
(i) Scottish Enterprise and its subsidiaries; and
(ii) the Scottish Development Agency;
(b) sums issued by the Secretary of State in fulfilment of guarantees under paragraph 5 of Schedule 2 to this Act or by the Treasury or the Secretary of State in fulfilment of guarantees under paragraph 6 of Schedule 2 to the [1975 c. 69.] Scottish Development Agency Act 1975 (financial and administrative provisions relating to the Scottish Development Agency), being sums which have not been repaid;
(c) sums paid (other than by way of lending) to Scottish Enterprise by the Secretary of State out of money provided by Parliament but with there being deducted—
(i) any such sums repaid to the Secretary of State by the body; and
(ii) any such sums paid in respect of the administrative expenses of Scottish Enterprise;
(d) loans guaranteed by Scottish Enterprise and by any of its subsidiaries (whether or not by virtue of section 22(1)(a) of this Act),
shall not exceed £2,000 million, or such greater sum not exceeding £3,000 million as the Secretary of State may, with the consent of the Treasury, by order made by statutory instrument specify.
(3) An order under subsection (2) above shall not be made unless a draft of the order has been laid before, and approved by resolution of, the Commons House of Parliament.
(4) In subsection (2)(a) above, “general external borrowing” means, in relation to—
(a) Scottish Enterprise, sums borrowed by it other than sums—
(i) borrowed from a body corporate which is or was one of its subsidiaries at the time of the loan; or
(ii) mentioned in subsection (2)(b) above;
(b) a subsidiary of Scottish Enterprise, sums borrowed by the subsidiary (whether or not a subsidiary of Scottish Enterprise at the time of the loan) other than sums borrowed from—
(i) Scottish Enterprise;
(ii) a subsidiary of Scottish Enterprise;
(iii) the Scottish Development Agency; or
(iv) a subsidiary of the Agency; and
(c) the Scottish Development Agency, sums borrowed by them other than sums—
(i) borrowed from a body corporate which was one of their subsidiaries at the time of the loan; or
(ii) mentioned in subsection (2)(b) above,
but does not include any debt assumed by the Scottish Development Agency under paragraph 7(1) of Schedule 2 to the Scottish Development Agency Act 1975.
(1) The Secretary of State may, with the consent of the Treasury, make such grants to Highlands and Islands Enterprise as appear to him to be required to enable the body to meet the expenses it incurs in the exercise of its functions and powers.
(2) Any grant under subsection (1) above may be subject to such conditions as the Secretary of State thinks fit to impose.
(3) For the purposes of the exercise of any of its functions or powers, Highlands and Islands Enterprise may, with the consent of the Secretary of State and of the Treasury, borrow money.
(4) No security shall be constituted over land owned by Highlands and Islands Enterprise.
In paragraph 2 of Schedule 2 to the [1975 c. 69.] Scottish Development Agency Act 1975 (payments to the Agency out of money provided by Parliament), at the end of sub-paragraph (a) but before the word “and” there shall be inserted the following sub-paragraph—
“(aa) in respect of payments by them under sub-paragraph (3A) of paragraph 1 above in reduction of the public dividend capital or repayments by them under sub-paragraph (2) of paragraph 4 below,”.
(1) No power (whether a power of compulsory acquisition or other compulsory power, a power to carry out works or a power of entry) which is conferred by or under this Part shall, except with the consent of the appropriate authority, be exercisable in relation to any land in which there is a Crown interest; that is to say, an interest—
(a) belonging to Her Majesty in right of the Crown; or
(b) belonging to a government department or held in trust for Her Majesty for the purposes of a government department.
(2) A consent given for the purposes of subsection (1) above may be given on such conditions as the appropriate authority giving the consent may consider requisite.
(3) Subject to subsection (1) above, the provisions of this Part shall have effect in relation to land in which there is a Crown interest as they have effect in relation to land in which there is no such interest.
(4) In this section “the appropriate authority”—
(a) in relation to land belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners;
(b) in relation to any other land belonging to Her Majesty in right of the Crown, means the government department having the management of that land; and
(c) in relation to land belonging to a government department or held in trust for Her Majesty for the purposes of a government department, means that department;
and, if any question arises as to what authority is the appropriate authority in relation to any land, that question shall be referred to the Treasury, whose decision shall be final.
(1) Any document required or authorised by virtue of this Act to be served on any person may be served—
(a) by delivering it to him or by leaving it at his proper address or by sending it by post to him at that address; or
(b) if the person is a body corporate, by serving it in accordance with paragraph (a) above on the secretary of that body; or
(c) if the person is a firm, by serving it in accordance with paragraph (a) above on a partner or a person having the control or management of the firm.
(2) For the purposes of this section and of section 7 of the [1978 c. 30.] Interpretation Act 1978 (which relates to the service of documents by post) in its application to this section, the proper address of any person on whom a document is to be served shall be his last known address, except that—
(a) in the case of service on a body corporate or its secretary, it shall be the address of the registered or principal office of the body;
(b) in the case of service on a firm or a partner or a person having the control or management of a firm it shall be the address of the principal office of the firm;
and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a firm carrying on business outside the United Kingdom is its principal office within the United Kingdom.
(3) If a person to be served by virtue of this Act with any document by another has specified to that other an address within the United Kingdom other than his proper address (as determined in pursuance of subsection (2) above) as the one at which he or someone on his behalf will accept documents of the same description as that document, that address shall also be treated as his proper address for the purposes of this section and for the purposes of the said section 7 in its application to this section.
(4) If the name or address of any owner or occupier of land on whom by virtue of this Act any document is to be served cannot after reasonable inquiry be ascertained, the document may be served by—
(a) addressing it to him by the description of “owner” or “occupier” of the land (describing it); and
(b) either leaving it in the hands of a person who is or appears to be resident or employed on the land or leaving it conspicuously affixed to some building or object on or near the land.
(5) This section shall not apply to any document in relation to the service of which provision is made by rules of court.
(6) In this section “secretary”, in relation to a local authority within the meaning of the [1973 c. 65.] Local Government (Scotland) Act 1973, means the proper officer within the meaning of that Act.
(1) Scottish Enterprise and Highlands and Islands Enterprise shall each keep proper accounts, and other records in relation to the accounts, and shall prepare as respects each financial year a statement of account in such form as the Secretary of State may, with the approval of the Treasury, determine.
(2) The statements of account prepared under subsection (1) above shall be submitted to the Secretary of State at such time as he may direct.
(3) The Secretary of State shall, on or before the last day of the month of November in each year, transmit to the Comptroller and Auditor General the statements of account submitted under subsection (2) above for the financial year last ended.
(4) The Comptroller and Auditor General shall examine and certify the statements of account transmitted to him under subsection (3) above and shall lay before each House of Parliament copies of those statements of account together with his report on them.
(5) Scottish Enterprise and Highlands and Islands Enterprise shall each provide the Secretary of State with such information relating to the exercise (and proposed exercise) of its functions as he may from time to time require, and for that purpose—
(a) shall permit any person authorised to do so by the Secretary of State or the Comptroller and Auditor General to inspect and make copies of its accounts, books, documents or papers; and
(b) shall provide that person with such explanations in relation to the things inspected as he may reasonably require.
(6) As respects, and as soon as possible after the end of, each financial year, Scottish Enterprise and Highlands and Islands Enterprise shall each make to the Secretary of State a report on the exercise of its powers and performance of its functions under this Act.
(7) Without prejudice to the generality of subsection (6) above, a report under that subsection by—
(a) Scottish Enterprise or Highlands and Islands Enterprise shall set out the terms of any direction given to the body in question under section 14(1) of this Act during the financial year to which the report relates, unless the direction is given by virtue of section 21(3)(b) of this Act;
(b) Highlands and Islands Enterprise—
(i) shall include a summary of any proposals submitted by it to the Secretary of State under section 5(1)(b) of this Act during the said financial year and, where he has refused to approve those proposals, a summary of the reasons given by him for so refusing;
(ii) shall not disclose any information obtained by virtue of section 11 of this Act without the consent mentioned in subsection (7) of that section.
(8) The Secretary of State shall lay before each House of Parliament a copy of each report received by him under subsection (6) above.
(1) Section 9 of the [1975 c. 68.] Industry Act 1975 (the National Enterprise Board and the media) shall apply in relation to Scottish Enterprise as it applies in relation to that Board.
(2) Section 57 of the [1986 c. 60.] Financial Services Act 1986 (restrictions on advertising) shall not apply to any investment advertisement, within the meaning of that section, which Scottish Enterprise issues or causes to be issued in the discharge of its functions.
(1) Where a person having such interest in land as enables him to bind the land enters into any such agreement as is mentioned in section 8(6) of this Act, the agreement may be registered either—
(a) where the land affected by the agreement is registered in the Land Register of Scotland, in that register; or
(b) in any other case, in the appropriate Division of the General Register of Sasines.
(2) Any agreement registered in terms of subsection (1) above shall be enforceable at the instance of Scottish Enterprise or Highlands and Islands Enterprise, as the case may be, against persons deriving title to the land from the person who entered into the agreement; but no such agreement shall be enforceable against a third party who in good faith and for value has acquired right (whether completed by infeftment or not) to the land prior to the agreement being so registered, or against any person deriving title from that third party.
(3) Notwithstanding the terms of any such agreement as is mentioned in section 8(6) of this Act, it shall be open at any time to the parties to the agreement, or to persons deriving title from the parties, as the case may be, to agree to terminate it; and where an agreement has been registered in terms of subsection (1) above, any subsequent agreement to terminate it shall be registered in the like manner.
(4) Without prejudice to section 22(1)(b) of this Act, any agreement which, but for this Act, would be enforceable at the instance of the Highlands and Islands Development Board under subsection (4) of section 5 of the [1965 c. 46.] Highlands and Islands Development (Scotland) Act 1965 (recording of agreements arranged under subsection (3) of that section) shall be enforceable under subsection (2) above at the instance of Highlands and Islands Enterprise as if it were an agreement arranged by Highlands and Islands Enterprise and registered in terms of subsection (1) above.
Enterprise and New Towns (Scotland) Act 1990