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Local Government etc. (Scotland) Act 1994

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167 Special grants.S

After section 108 of the M1Local Government Finance Act 1992 insert—

108A Special grants.

(1)The Secretary of State may, with the consent of the Treasury, pay a grant (in this section referred to as a “special grant”) in accordance with this section to a local authority.

(2)Where the Secretary of State proposes to make a special grant to one authority he shall, before making the grant, make a determination stating—

(a)the authority to which the grant is to be paid;

(b)the purpose for which the grant is to be paid; and

(c)the amount of the grant which is to be paid or the manner in which that amount is to be calculated.

(3)Where the Secretary of State proposes to make special grants to more than one authority he shall, before making the grants, make a determination stating—

(a)to which authorities they are to be paid;

(b)the purpose for which they are to be paid; and

(c)either—

(i)the amount which he proposes to pay to each authority or the manner in which the amount is to be calculated; or

(ii)the total amount which he proposes to distribute among the authorities and the basis upon which he proposes to distribute that amount.

(4)A determination under subsection (2) or (3) above shall be made with the consent of the Treasury and shall be specified in a report (to be called a special grant report) which shall contain such explanation of the main features of the determination as the Secretary of State considers to be desirable.

(5)A special grant report shall be laid before the House of Commons and, as soon as is reasonably practicable thereafter, the Secretary of State shall send a copy of it to any authority to which he proposes to make a special grant in accordance with the determination.

(6)No special grant shall be paid unless the special grant report containing the determination relating to the grant has been approved by a resolution of the House of Commons.

(7)A special grant report may specify conditions which the Secretary of State may with the consent of the Treasury impose on the payment of, or of any instalment of, any special grant to which the report relates; and the conditions may—

(a)require the provision of returns or other information before a payment is made to the authority concerned; or

(b)relate to the use of the amount paid, or to the repayment in specified circumstances of all or part of the amount paid.

(8)Without prejudice to compliance with any conditions imposed as mentioned in subsection (7) above, a special grant shall be paid at such time or in instalments of such amounts and at such times as the Secretary of State may, with the consent of the Treasury, determine..

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