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The Recreation and Youth Service (Northern Ireland) Order 1986

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11 .F1—(1) F2. . . the Department may, in accordance with arrangements approved by the Department of Finance and Personnel, make grants—

(a)towards the approved expenses of a district council in carrying out its functions under Article 10(1) and (3);

(b)towards the approved expenses of a voluntary organisation in providing facilities for recreation[F2 or sport,] or for social, physical or cultural activities;

(c)to a central voluntary organisation whose objects include the provision of facilities for recreation[F2 or sport,] or for social, physical or cultural activities to assist either the whole of its work in connection with any of those matters or any specified part of that work;

(d)to persons following approved courses of training for employment in connection with recreation, sport,[F2 or] social or cultural activitiesF2. . . .

(2) Grants under paragraph (1) shall be at such rates or of such amounts as the Department, with the approval of the Department of Finance and Personnel, may determine.

(3) The Department, when making a grant under paragraph (1), may attach thereto such conditions as it thinks proper and, without prejudice to the generality of the foregoing, shall attach conditions—

(a)for securing the continuity of the undertaking assisted;

(b)for repayment, in circumstances specified by the Department, of the whole or part of the grant; and

(c)for payment, where paragraph (4) applies (and in addition to any amount repayable under sub-paragraph (b)), of such sum as the Department may require under paragraph (5).

(4) This paragraph applies where any land or building in respect of which the Department has, at any time after the date of the coming into operation of this Order, paid a grant under this Article for any of the purposes described in paragraph (1)(a), (b) or (c)—

(a)is disposed of;

(b)ceases, in the opinion of the Department, to be used in accordance with conditions attaching to the grant under paragraph (3); or

(c)ceases, in the opinion of the Department, to be required for the purposes described in paragraph (1)(a), (b) or (c);

within such period as the Department shall specify in the grant conditions.

(5) Where paragraph (4) applies, there shall be payable to the Department by the district council or voluntary organisation, to which the grant was paid, a sum which the Department considers equitable, but which does not exceed the sum determined by the calculation—


V is the current value of the land or building determined in accordance with paragraph (6);

G is the amount of the grant; and

C is the approved cost of acquisition or provision of the land or building.

(6) For the purposes of paragraph (5) the current value of any land or building shall be taken to be the amount which the land or building might be expected to realise if sold in the open market on the date when the land or building cease to be used or required as aforesaid; and where the Department certifies that it is not possible to reach agreement as to such value, the dispute as to such value may be referred to and determined by the Lands Tribunal.

(7) The district council or voluntary organisation shall pay interest upon the amount of grant repayable and the sum payable under paragraph (5), at such rate as is determined by an order made by the Department of Finance and Personnel under paragraph 18(2) of Schedule 6 to the [1972 c. 9 (N.I.)] Local Government (Northern Ireland) Act 1972, from the relevant date until the date of payment of the money and interest to the Department.

(8) Any sum which falls to be paid to the Department by virtue of any condition attached to a grant under this Article may be recovered by the Department as a debt due to it.

(9) In paragraph (1)(a), (b) and (d) and in paragraph (5), “approved” means approved by the Department for the purposes of this Order.

(10) In paragraph (7) “the relevant date” means—

(a)in any case where the land or building is disposed of before the Department serves notice on the district council or voluntary organisation of its determination under sub-paragraph (b), the date of the disposal;

(b)in any other case, such date as the Department may determine.

F1functions transferred SR 1999/481

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