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Financial Provisions Act (Northern Ireland) 2009

Commentary on Sections

Section 1: Absolute privilege for the reports of Comptroller and Auditor General

This section is intended to ensure that the Comptroller and Auditor General is free to present all relevant evidence gathered during the course of his studies and/or audits to the Assembly without having to defend an action for defamation.

Section 2: Expenditure for consumer purposes

This section empowers the Department of Enterprise, Trade and Investment to incur expenditure for activities which the Department considers are of benefit to consumers in Northern Ireland. Expenditure may also be incurred for the provision of -

  • Advice or information about consumers matters;

  • Educational materials and activities relating to consumer matters;

  • Advice or information to that Department in connection with the formulation of policy in respect of consumer matters.

It is intended that section 2 be used to provide statutory power for funding the delivery of specialist advice to consumers on the management of debt.

The powers in section 2 are, however, wide enough to enable the Department to incur expenditure for other activities considered, in the future, to be of benefit to consumers in Northern Ireland or for the other purposes set out in this section.

Section 3: Expenditure relating to social economy enterprises

This section empowers the Department of Enterprise, Trade and Investment to incur expenditure for any purpose which the Department considers will benefit the development of the social economy in Northern Ireland. Expenditure may also be incurred for the provision of advice and information, educational materials or policy advice to the Department about the social economy.

It is intended that section 3 be used to provide statutory powers to provide funding to the Social Economy Network (NI) Ltd or any other body to represent the interests, and facilitate the development, of social economy enterprises in Northern Ireland. The powers in section 3 are, however, wide enough to enable the Department to incur expenditure for other activities considered, in the future, to be of benefit to the development of the social economy in Northern Ireland or for the other purposes set out in this section.

Section 4: Expenditure for purposes of children and young persons

This section provides for expenditure on activities related to the work of the Office of the First Minister and deputy First Minister which promotes the interests of, or are otherwise of benefit to, children or young people.

Section 5: Expenditure for purposes of sustainable development.

This section empowers the Office of the First Minister and deputy First Minister to incur expenditure for any purpose calculated to contribute to the achievement of sustainable development. In particular, that Office may provide financial assistance to bodies which have among their objectives, the promotion of sustainable development. Financial assistance may include grants or loans (on condition that that Office may determine).

Section 6: Repeal of requirement to prepare Finance Accounts

This section repeals a redundant statutory obligation (section 10 of the Exchequer and Financial Provisions Act (Northern Ireland) 1950) which required the Department of Finance and Personnel to prepare and lay, before the Northern Ireland Assembly, the Finance Accounts of Northern Ireland. The information previously only contained within the Account is now available in other published Departmental Accounts.

Section 7: Short title

7.This section provides that the new legislation shall be known as the Financial Provisions Act (Northern Ireland) 2009.

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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.

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