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Justices of the Peace Act 1979 (repealed 19.6.1997)

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Change 1

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As published

59 Grants by Lord Chancellor to responsible authorities.

(1) The Lord Chancellor may out of money provided by Parliament pay to the responsible authorities grants towards the net cost to them in any year— (a) of their functions under this Part or Part II of this Act; (b) of their functions under any regulations made, or having effect as if made, under section 7 or 24 of the Superannuation Act 1972 with respect to court staff or, in the case of the Receiver, his corresponding functions; (bb) of their functions under any regulations having effect by virtue of paragraph 13(1) of Schedule 1 to this Act; and (c) of making payments under section 12 or 53 of this Act; and in determining any such net cost as is mentioned above there shall be disregarded any such capital expenditure as is mentioned in subsection (2) below. (2) The Lord Chancellor may also out of money provided by Parliament pay to the responsible authorities grants towards their capital expenditure in any year in pursuance of their functions under this Part of this Act. (3) The amount of any grant under subsection (1) above towards the net cost to a responsible authority in any year of the matters mentioned in that subsection shall not exceed 80 per cent. of whichever of the following is the less, namely— (a) that net cost; and (b) the amount which, in relation to the authority and that year, is for the time being determined by the Lord Chancellor. (4) The amount of any grant under subsection (2) above towards the capital expenditure in any year of a responsible authority in pursuance of its functions under this Part of this Act shall not exceed 80 per cent. of whichever of the following is the less, namely— (a) that capital expenditure; and (b) the amount which, in relation to the authority and that year, is for the time being determined by the Lord Chancellor. (5) The Lord Chancellor, with the concurrence of the Treasury, may by statutory instrument make regulations as to the manner in which— (a) income and expenditure of responsible authorities are to be taken into account in determining the net cost to them in any year of the matters mentioned in subsection (1) above; or (b) expenditure of such authorities is to be taken into account in determining their capital expenditure in any year in pursuance of their functions under this Part of this Act; and for the purposes of this section any question as to that net cost or that capital expenditure shall (subject to the regulations) be determined by the Lord Chancellor. (6) The Lord Chancellor may direct that, in determining— (a) the net cost to a responsible authority in any year of the matters mentioned in subsection (1) above; or (b) the capital expenditure of such an authority in any year in pursuance of its functions under this Part of this Act, there shall be taken into account or disregarded, to such extent as may be specified in the direction, such items as may be so specified. (7) Grants under this section shall be paid at such times, in such manner and subject to such conditions as the Lord Chancellor may with the approval of the Treasury determine. (8) In this section— “court staff” means justices’ chief executives, justices’ clerks and staff of magistrates’ courts committees, and “responsible authority” has the same meaning as in section 55 of this Act.

Your change, as a redline

59 Grants by Lord Chancellor to responsible authorities.

(1) The Lord Chancellor may out of money provided by Parliament pay to the responsible authorities grants towards the net cost to them in any year— (a) of their functions under this Part or Part II of this Act; (b) of their functions under any regulations made, or having effect as if made, under section 7 or 24 of the Superannuation Act 1972 with respect to court staff or, in the case of the Receiver, his corresponding functions; (bb) of their functions under any regulations having effect by virtue of paragraph 13(1) of Schedule 1 to this Act; and (c) of making payments under section 12 or 53 of this Act; and in determining any such net cost as is mentioned above there shall be disregarded any such capital expenditure as is mentioned in subsection (2) below. (2) The Lord Chancellor may also out of money provided by Parliament pay to the responsible authorities grants towards their capital expenditure in any year in pursuance of their functions under this Part of this Act. (3) The amount of any grant under subsection (1) above towards the net cost to a responsible authority in any year of the matters mentioned in that subsection shall not exceed 80 per cent. of whichever of the following is the less, namely— (a) that net cost; and (b) the amount which, in relation to the authority and that year, is for the time being determined by the Lord Chancellor. (4) The amount of any grant under subsection (2) above towards the capital expenditure in any year of a responsible authority in pursuance of its functions under this Part of this Act shall not exceed 80 per cent. of whichever of the following is the less, namely— (a) that capital expenditure; and (b) the amount which, in relation to the authority and that year, is for the time being determined by the Lord Chancellor. (5) The Lord Chancellor, with the concurrence of the Treasury, may by statutory instrument make regulations as to the manner in which— (a) income and expenditure of responsible authorities are to be taken into account in determining the net cost to them in any year of the matters mentioned in subsection (1) above; or (b) expenditure of such authorities is to be taken into account in determining their capital expenditure in any year in pursuance of their functions under this Part of this Act; and for the purposes of this section any question as to that net cost or that capital expenditure shall (subject to the regulations) be determined by the Lord Chancellor. (6) The Lord Chancellor may direct that, in determining— (a) the net cost to a responsible authority in any year of the matters mentioned in subsection (1) above; or (b) the capital expenditure of such an authority in any year in pursuance of its functions under this Part of this Act, there shall be taken into account or disregarded, to such extent as may be specified in the direction, such items as may be so specified. (7) Grants under this section shall be paid at such times, in such manner and subject to such conditions as the Lord Chancellor may with the approval of the Treasury determine. (8) In this section— “court staff” means justices’ chief executives, justices’ clerks and staff of magistrates’ courts committees, and “responsible authority” has the same meaning as in section 55 of this Act.

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