Financial Provisions Bill as Introduced

CONTENTS

1. Repeal of the Development Loans (Agriculture and Fisheries) Act (Northern Ireland) 1968

2. Grants payable to certain harbour authorities in relation to expenses

3. Provision as to payment of interest on funds in court

4. Power of Northern Ireland Housing Executive to recover certain costs

5. Accounts and audit: health and social care bodies

6. Expenditure on bodies providing services for the police, etc.

7. Repeals

8. Commencement

9. Short title 

Schedule

Repeals

A

B I L L

TO

Repeal the Development Loans (Agriculture and Fisheries) Act (Northern Ireland) 1968; to enable the Department of Agriculture and Rural Development to pay grants to certain harbour authorities; to make provision in relation to the payment of interest on funds in court; to make provision enabling the Northern Ireland Housing Executive to recover certain costs; to make provision for the disclosure of data obtained by the Comptroller and Auditor General for data matching purposes; to enable the Department of Justice to make payments to certain bodies providing services for the police, etc.; and for purposes connected with those matters.

BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her Majesty as follows:

Repeal of the Development Loans (Agriculture and Fisheries) Act (Northern Ireland) 1968

1. The Development Loans (Agriculture and Fisheries) Act (Northern Ireland) 1968 is repealed.

Grants payable to certain harbour authorities in relation to expenses

2. In the Harbours Act (Northern Ireland) 1970 -

(a) after section 4 insert -

“Grants payable to certain harbour authorities in relation to expenses

4A. -(1) Subject to subsection (2), the Department of Agriculture and Rural Development, with the approval of the Department of Finance and Personnel, may give to a harbour authority in relation to which the Department of Agriculture and Rural Development exercises functions for the purposes of this Act financial assistance by way of grant in respect of any expenses chargeable against income, being expenses which are incurred by the authority during a period in respect of which, in the opinion of the Department of Agriculture and Rural Development, the authority was not in receipt of sufficient revenue to meet its expenses.

(2) A grant under this section may be made on such terms and conditions (including conditions for repayment in specified circumstances and conditions by virtue of which the Department of Agriculture and Rural Development may participate in the profits or income of the authority) as the Department of Agriculture and Rural Development may think fit to impose.”;

(b) in section 33 (miscellaneous financial provisions) after “section 3” insert “and the Department of Agriculture and Rural Development to make grants under section 4A”.

Provision as to payment of interest on funds in court

3. In section 82 of the Judicature (Northern Ireland) Act 1978 (rules as to funds in court) in subsection (1) -

(a) for “may make rules” substitute “may make provision as to the payment of interest on funds in court and may make rules”;

(b) in paragraph (a) omit the words from “and prescribing” to the end of that paragraph.

Power of Northern Ireland Housing Executive to recover certain costs

4. -In Article 88 of the Housing (Northern Ireland) Order 1981 (disposal of land by the Executive) after paragraph (2) insert -

“(2A) The Executive may recover from any person the administrative expenses (including legal and other professional expenses) incurred by it in connection with the disposal of land.

(2B) The power under paragraph (2A) is subject to a duty to secure that, taking one financial year with another, the income from charges under that paragraph does not exceed the costs of provision.”.

Accounts and audit: health and social care bodies

5. In Article 4D of the Audit and Accountability (Northern Ireland) Order 2003 (disclosure of results of data matching, etc.), in paragraph (6)(b) for head (i) substitute -

“(i) a health and social care body mentioned in paragraphs (a) to (e) of section 1(5) of the Health and Social Care (Reform) Act (Northern Ireland) 2009;”.

Expenditure on bodies providing services for the police, etc.

6. -(1) The Department of Justice may provide financial assistance for bodies which have as their objectives -

(a) the benefit of members and former members of the Royal Ulster Constabulary, the Royal Ulster Constabulary Reserve, the Police Service of Northern Ireland and the Police Service of Northern Ireland Reserve who have been killed or injured by terrorism (as defined in section 1 of the Terrorism Act 2000), and their families and dependents, by the provision of financial assistance, advice, support and care to such persons; or

(b) the provision of assistance to members of the Royal Ulster Constabulary, the Royal Ulster Constabulary Reserve and the Police Service of Northern Ireland and their families with counselling and training prior to and after cessation of their service.

(2) Without prejudice to any other statutory provision enabling it in that behalf, the Department of Justice may make regulations providing for the constitution, functions, procedures and financing of the bodies referred to in subsection (1).

(3) In subsection (1) “financial assistance” means assistance by way of grants or loans on such conditions (including conditions as to repayment) as the Department of Justice may determine.

Repeals

7. The statutory provisions set out in the Schedule are repealed to the extent specified in the second column of that Schedule.

Commencement

8. -(1) Except as provided by subsections (2) to (5), this Act comes into operation on the day after Royal Assent.

(2) Section 3 comes into operation on such day or days as the Department of Justice may by order appoint.

(3) An order under subsection (2) may contain such transitional or saving provisions as the Department of Justice thinks appropriate.

(4) Section 5 comes into operation on such day or days as the Department of Finance and Personnel may by order appoint.

(5) An order under subsection (4) may contain such transitional or saving provisions as the Department of Finance and Personnel thinks appropriate.

Short title

9. This Act may be cited as the Financial Provisions Act (Northern Ireland) 2013.

Section 7.

SCHEDULE

REPEALS

Short Title

Extent of repeal

The Development Loans (Agriculture and Fisheries) Act (Northern Ireland) 1968 (c. 21)

The whole Act.

 

 

 

The Agriculture (Miscellaneous Provisions) Act (Northern Ireland) 1970 (c. 20) Section 11.

The Agriculture (Miscellaneous Provisions) (Northern Ireland) Order 1975 (NI 8)

Article 12.

The Judicature (Northern Ireland) Act 1978 (c. 23)

In section 82(1), in paragraph (a) the words from “and prescribing” to the end of that paragraph.

The Statutory Rules (Northern Ireland) Order 1979 (NI 12)

In Schedule 2, the entry relating to sections 1(2) and 5(1) of the Development Loans (Agriculture and Fisheries) Act (Northern Ireland) 1968.

The Financial Provisions (Northern Ireland) Order 1983 (NI 1)

Article 3(1).

In Schedule 3, the entry relating to the Development Loans (Agriculture and Fisheries) Act (Northern Ireland) 1968.

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