Local Government Act (Northern Ireland) 1972

115 Expenditure for special purposes. N.I.

(1) Subject to[F1 subsections (2) to (5)], a council may make any payment for any purpose which in its opinion is in the interests[F2 of, and will bring direct benefit to]

(a) F2 . . . the council;

(b) F2 . . . its district orF2 . . . any part of its district;

(c) F2 . . . the inhabitants of its district orF2 . . . any part of its district.

[F1 (1A) Subject to subsection (2), a council may make payments to any fund which is raised in connection with a particular event directly affecting persons resident in the United Kingdom on behalf of whom a public appeal for contributions has been made—

(a) by the chairman of a council; or

(b) by a committee of which the chairman of a council is a member; or

(c) by such a person or body as is referred to in section 137(3)( c) of the Local Govbernment Act 1972; or

(d) by such a person or body as is referred to in section 83(3)( c) of the Local Government (Scotland) Act 1973.]

(2) The total payments made under this section by a council in any one financial year shall not[F3 exceed the aggregate of—

(a) the product of a rate of[F4 0.0596p] in the pound on the rateable value of all hereditaments in the district which are specified hereditaments as defined by Article 39A(3) of the Rates (Northern Ireland) Order 1977; and

(b) the product of a rate of 0.5p in the pound on the rateable value of all other hereditaments in the district.]

[F5 (2A) Regulations may amend paragraph (b) of subsection (2) by substituting for “0.5p” (or such amount as is for the time being specified therein by virtue of this subsection) such other amount as is prescribed.

(2B) Regulations shall not be made under subsection (2A) unless a draft of the regulations has been laid before, and approved by resolution of, the Assembly.]

(3) A council shall not make any payment under[F1 subsection (1)]

[F2 (a)] for a purpose for which the council is, either unconditionally or subject to any limitation or to the satisfaction of any condition, authorised or required under any other statutory provision to make any payment[F2 or]

[F2 (b) unless the direct benefit accruing to its district or any part of its district or to the inhabitants of its district will be commensurate with the payments to be made.]

[F2 (4) In any case where—

(a) by virtue of paragraph ( a) of subsection (3) a council is prohibited from making any payment for a particular purpose; and

(b) the power or duty of the council to make any payment for that purpose is in any respect limited or conditional (whether by being restricted to a particular group of persons or in any other way),

the prohibition in that paragraph shall extend to all payments to which that power or duty would apply if it were not subject to any limitation or condition.

(5) A council may make a payment under subsection (1) on publicity only by way of assistance to a public body or a voluntary body where the publicity is incidental to the main purpose for which the assistance is given.]

F1 1995 NI 5

F2 1992 NI 6

F3 SR 1997/144

F4 SR 2003/73

F5 2005 NI 18