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Cancer Act 1939

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2Financial provisions

(1)The following provisions of this section shall have effect with a view to fulfilling the intentions of the [19 & 20 Geo. 5. c. 17.] Local Government Act, 1929, as declared by section one hundred and thirty-five thereof, namely, that in the event of material additional expenditure being imposed on any class of local authorities by reason of the institution of a new service after the commencement of that Act, provision should be made for increased contributions out of moneys provided by Parliament.

(2)In respect of the year ending on the thirty-first day of March nineteen hundred and forty and of each subsequent year in the third and fourth fixed grant periods, there shall be paid out of moneys provided by Parliament, to the council of every county and county borough in England and Wales (hereafter in this section referred to as a " council ") on which additional expenditure is imposed by this Act in respect of that year, a grant calculated to the nearest pound by—

(a)multiplying by the weighting factor one-half the amount of the additional expenditure so imposed on the council, and

(b)dividing the product by the average weighting factor:

Provided that the amount of the grant payable under this subsection to any council shall not exceed seventeen-twentieths of the additional expenditure so imposed on that council.

(3)For the fifth and every subsequent fixed grant period, the General Exchequer Contribution shall include such increased contribution by reason of the additional expenditure imposed on any council by this Act as Parliament may hereafter determine.

(4)Grants payable under this section shall be payable at such times and in such manner as the Treasury may direct and subject to such conditions as to records, certificates, audit or otherwise as the Minister may, with the approval of the Treasury, determine.

(5)For the purpose of section one hundred and four of the Local Government Act, 1929 (which authorises the reduction of grants payable under Part VI of that Act to a council which fails to maintain an efficient service), grants payable under this section shall be deemed to be payable under the said Part VI.

(6)In determining for the purpose of section one of the [1 Edw. 8. & 1 Geo. 6. c. 22.] Local Government (Financial Provisions) Act, 1937, the amount of the rate and grant borne expenditure in the year ending on the thirty-first day of March nineteen hundred and forty-one, no account shall be taken of the additional expenditure imposed on any council in respect of that year by this Act.

(7)For the purpose of this section, expenditure incurred by a council in respect of any year in the provision of treatment for persons suffering from cancer shall be deemed to be additional expenditure imposed by this Act on that council in respect of that year if, and to the extent that, it is estimated to exceed the expenditure so incurred by that council in respect of the year ended on the thirty-first day of March nineteen hundred and thirty-eight.

(8)Any such estimate as aforesaid made for the purpose of subsection (2) or subsection (6) of this section shall be made to the satisfaction of the Minister in accordance with directions given by him after consultation with such associations of local authorities as appear to him to be concerned and with any council with which consultation appears to him to be desirable, and any such directions—

(a)may provide that expenditure incurred by any council in the provision of treatment for persons suffering from cancer shall for the purposes of this section require the approval of the Minister; and

(b)may also provide that the amount of any expenditure so incurred in respect of any particular services by a council, or by a council of any class specified in the directions, shall be estimated by reference to the estimated average net annual expenditure incurred in respect of those services by all councils or by councils of that class.

(9)In this section the following expressions have the meanings hereby respectively assigned to them :—

  • " Average weighting factor " means the quotient obtained by dividing the aggregate weighted population of all the counties and county boroughs in England and Wales by their aggregate estimated population;

  • " Weighting factor ", in relation to a county or county borough, means the quotient obtained by dividing the weighted population thereof by the estimated population thereof;

  • " Estimated population ", " weighted population ", " fixed grant period " and " General Exchequer Contribution " have the same meanings as in the Local Government Act, 1929, as amended by any subsequent enactment.

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