The Youth Service (Northern Ireland) Order 1989

Further provisions relating to grants under Article 7

8.—(1) The Department, when making a grant under Article 7(1), may attach to the grant such conditions as the Department thinks proper and, without prejudice to the generality of the foregoing, shall attach conditions—

(a) for securing the continuity of the undertaking assisted;

(b) for repayment, in circumstances specified by the Department, of the whole or part of the grant; and

(c) for payment, where paragraph (2) applies (and in addition to any amount repayable under sub-paragraph (b)), of such sum as the Department may require under paragraph (3).

(2) This paragraph applies where any land or building in respect of which the Department has paid a grant under Article 7 towards the approved expenses of a voluntary organisation in providing facilities for the youth service—

(a) is disposed of;

(b) ceases, in the opinion of the Department, to be used in accordance with the conditions attaching to the grant; or

(c) ceases, in the opinion of the Department, to be required for providing such facilities;

within such period as the Department shall specify in the grant conditions.

(3) Where paragraph (2) applies, there shall be payable to the Department by the voluntary organisation to which the grant was paid a sum which the Department considers equitable, but which does not exceed the sum determined by the calculation—

where—

V is the current value of the land or building determined in accordance with paragraph (4);

G is the amount of the grant; and

C is the approved cost of acquisition or provision of the land or building.

(4) For the purposes of paragraph (3) the current value of any land or building shall be taken to be the amount which the land or building might be expected to realise if sold in the open market on the date when the land or building is disposed of or ceases to be used or required as described in paragraph (2)(b) or (c), and where the Department certifies that it is not possible to reach agreement as to such value, the dispute as to such value may be referred to and determined by the Lands Tribunal.

(5) The voluntary organisation shall pay interest upon the amount of grant repayable and the sum payable under paragraph (3), at such rate as is determined by an order made by the Department of Finance and Personnel under paragraph 18(2) of Schedule 6 to the Local Government Act (Northern Ireland) 1972(1), from the relevant date until the date of payment of the money and interest to the Department.

(6) Any sum which falls to be paid to the Department by virtue of any condition attached to a grant may be recovered by the Department as a debt due to it.

(7) In paragraph (2) the reference to Article 7 includes a reference to Article 11 of the Recreation and Youth Service (Northern Ireland) Order 1986(2).

(8) In paragraph (5) “the relevant date” means—

(a) in any case where the land or building is disposed of before the Department serves notice on the voluntary organisation of its determination under sub-paragraph (b), the date of the disposal;

(b) in any other case, such date as the Department may determine.

(1)

1972 c. 9 (N.I.)

(2)

1986 NI 25