Chwilio Deddfwriaeth

Financial Assistance Act (Northern Ireland) 2009

 Help about what version

Pa Fersiwn

 Help about advanced features

Nodweddion Uwch

 Help about opening options

Dewisiadau Agor

Changes over time for: Financial Assistance Act (Northern Ireland) 2009 (without Schedules)

 Help about opening options

Changes to legislation:

There are currently no known outstanding effects for the Financial Assistance Act (Northern Ireland) 2009. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Exceptional circumstances: power to provide financial assistanceN.I.

1—(1) The powers conferred by this section are exercisable if the First Minister and deputy First Minister, acting jointly, determine–

(a)that exceptional circumstances exist,

(b)that it is desirable to provide financial assistance to prevent, control or mitigate any aspect or effect of those circumstances, and

(c)that such assistance ought to be provided in accordance with a scheme or schemes under this section.

(2) The relevant department may, at any time within 3 months from the date of the determination under subsection (1), by regulations make a scheme for the provision of financial assistance for any purpose mentioned in subsection (1)(b).

(3) In relation to any regulations under subsection (2) providing for financial assistance of a particular kind “the relevant department” means–

(a)the Northern Ireland department designated by the First Minister and deputy First Minister, acting jointly, in relation to the provision of financial assistance of that kind; or

(b)if no such designation is made in relation to any such regulations, OFMDFM.

(4) Regulations made under this section by virtue of a designation under subsection (3)(a) require the approval of OFMDFM.

(5) Regulations under this section are subject to negative resolution.

(6) If the scheme contained in regulations under this section imposes functions on any public body other than the department making the regulations, that department must consult the public body concerned before making the regulations.

(7) A determination under subsection (1) and a designation under subsection (3)(a) must be in writing and may be contained in the same instrument.

Unsatisfactory funding arrangements: power to provide financial assistanceN.I.

2—(1) The powers conferred by this section are exercisable if the First Minister and deputy First Minister, acting jointly, determine–

(a)that a situation exists which requires financial assistance to be provided to tackle poverty, social exclusion or patterns of deprivation based on objective need,

(b)that arrangements to provide such financial assistance are not in place, or that such arrangements as are in place for that purpose are, or are likely to be, ineffective, inadequate or for any other reason unsatisfactory, and

(c)that such assistance ought to be provided in accordance with a scheme or schemes under this section.

(2) The relevant department may, at any time within 6 months from the date of the determination under subsection (1), by regulations make a scheme for the provision of financial assistance for any purpose mentioned in subsection (1)(a).

(3) In relation to any regulations under subsection (2) providing for financial assistance of a particular kind “the relevant department” means–

(a)the Northern Ireland department designated by the First Minister and deputy First Minister, acting jointly, in relation to the provision of financial assistance of that kind; or

(b)if no such designation is made in relation to any such regulations, OFMDFM.

(4) Regulations made under this section by virtue of a designation under subsection (3)(a) require the approval of OFMDFM.

(5) No regulations shall be made under this section unless a draft of the regulations has been laid before, and approved by a resolution of, the Assembly.

(6) If the scheme contained in regulations under this section imposes functions on any public body other than the department making the regulations, that department must consult the public body concerned before making the regulations.

(7) A determination under subsection (1) and a designation under subsection (3)(a) must be in writing and may be contained in the same instrument.

Schemes for financial assistanceN.I.

3—(1) A scheme contained in regulations under section 1 or 2 may include provision for, or in connection with–

(a)determining eligibility for financial assistance under the scheme;

(b)determining the form and extent of financial assistance to be provided under the scheme;

(c)determining by which department the financial assistance is to be provided;

(d)applications (if any) for assistance under the scheme, including provision for any such applications–

(i)to be made in a specified manner to a specified person;

(ii)to be made by a specified date;

(iii)to contain specified information;

(e)imposing conditions or restrictions in connection with the operation of the scheme;

(f)imposing functions on public bodies in connection with the implementation of the scheme;

(g)securing that steps are taken to bring the scheme to the attention of persons likely to be eligible for assistance under the scheme;

(h)the general administration of the scheme, including provision for the review of decisions taken under the scheme and for dealing with disputes as to eligibility or entitlement under the scheme;

(i)any other matter which appears to the relevant department to be necessary or appropriate for the efficient and effective administration of the scheme.

(2) A scheme contained in regulations under section 1 or 2 may provide for the scheme to cease to have effect at the end of a specified period from the date on which the regulations are made; but (without prejudice to the operation of section 28 of the Interpretation Act (Northern Ireland) 1954 (c. 33)) the scheme may include such saving provisions as the relevant department thinks necessary or appropriate for dealing with matters or proceedings under the scheme which are outstanding at the time the scheme ceases to have effect.

Financial assistanceN.I.

4—(1) A scheme may provide for financial assistance to be given in any form, including, in particular, by way of a grant, loan or guarantee.

(2) A scheme may provide for financial assistance to be provided subject to such conditions as may be specified in, or determined in accordance with, the scheme.

(3) Those conditions may include (in the case of a grant) conditions for repayment in specified circumstances.

(4) A scheme may provide for financial assistance to be provided–

(a)directly to those entitled to receive it under the scheme; or

(b)indirectly (for example by being made to a public body on terms which require that body to provide financial assistance to those so entitled).

(5) Financial assistance may be provided under this Act even though other powers to provide financial assistance exist.

InterpretationN.I.

5  In this Act–

the relevant department”, in relation to a scheme, has the meaning given by section 1(3) or 2(3);

OFMDFM” means the Office of the First Minister and deputy First Minister;

public body” means–

(a)

a Northern Ireland department;

(b)

a body established by or under a statutory provision;

(c)

a statutory undertaker within the meaning of [F1the Planning Act (Northern Ireland) 2011] ; or

(d)

any other body which exercises functions wholly or mainly of a public nature and is prescribed by regulations made by OFMDFM, subject to negative resolution;

scheme” means a scheme under section 1 or 2;

specified”, in relation to a scheme, means specified in the scheme.

Textual Amendments

F1Words in s. 5 substituted (13.2.2015 for specified purposes, 1.4.2015 in so far as not already in operation) by Planning Act (Northern Ireland) 2011 (c. 25), s. 254(1)(2), Sch. 6 para. 103 (with s. 211); S.R. 2015/49, arts. 2, 3, Sch. 1 (with Sch. 2 (as amended (16.3.2016) by S.R. 2016/159, art. 2))

Short title and commencementN.I.

6—(1) This Act may be cited as the Financial Assistance Act (Northern Ireland) 2009.

(2) This Act comes into operation on the day after that on which it receives Royal Assent.

Yn ôl i’r brig

Options/Help

Print Options

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Close

Gweler y wybodaeth ychwanegol ochr yn ochr â’r cynnwys

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Nodiadau Esboniadol

Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.

Close

Rhagor o Adnoddau

Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Llinell Amser Newidiadau

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill