Financial Assistance Act (Northern Ireland) 2009

Exceptional circumstances: power to provide financial assistance

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.