- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (31/10/1997)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 01/04/1998
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Local Government and Housing Act 1989, Section 155 is up to date with all changes known to be in force on or before 19 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)In any case where—
(a)an emergency or disaster occurs involving destruction of or danger to life or property, and
(b)as a result, one or more local authorities incur expenditure on, or in connection with, the taking of immediate action (whether by the carrying out of works or otherwise) to safeguard life or property, or to prevent suffering or severe inconvenience, in their area or among its inhabitants,
the Secretary of State may establish a scheme under this section for the giving of financial assistance to those authorities in respect of that expenditure.
(2)Financial assistance given pursuant to a scheme under this section shall take the form of grants paid by the Secretary of State with the consent of theTreasury and, subject to that, the terms and conditions of a scheme shall be such as the Secretary of State considers appropriate to the circumstances of the particular emergency or disaster concerned.
(3)Without prejudice to the generality of subsection (2) above, a scheme under this section may—
(a)make the payment of grants conditional upon the making of claims of a description specified in the scheme;
(b)make provision with respect to the expenditure qualifying for grant and the rates and amounts of grants;
(c)make provision in certain specified circumstances for the repayment of any grant, in whole or in part; and
(d)make different provision for different local authorities or descriptions of authority and for different areas.
(4)In the application of this section to England and Wales, any reference to a local authority is a reference to—
(a)a county council;
[F1(aa)a county borough council;]
(b)a district council;
(c)a London borough council;
(d)the Common Council of the City of London;
(e)the Council of the Isles of Scilly;
[F2(ea)a police authority established under section [F33 of the M1Police Act 1996];]
(f)the Receiver for the Metropolitan Police District; or
(g)a joint authority established by Part IV of the M2Local Government Act 1985, other than a metropolitan county passenger transport authority.
(5)In the application of this section to Scotland, any reference to a local authority is a reference to
[F4a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]
F5. . .a joint board or joint committee within the meaning of the M3Local Government (Scotland) Act 1973.
(6)The reference in subsection (1)(b) above to expenditure incurred by a local authority includes, in the case of an authority in England and Wales, expenditure incurred in defraying, or contributing towards defraying, expenditure incurred by a parish or community council.
(7)This section shall come into force on 1st April 1990.
Textual Amendments
F1S. 155(4)(aa) inserted (7.1.1997) by S.I. 1996/3071, art. 2, Sch. para. 3(8)
F2S. 155(4)(ea) inserted (1.4.1995) by 1994 c. 29, s. 43, Sch. 4 para. 42; S.I. 1994/3262, art. 4, Sch. (subject to art. 5)
F3Words in s. 155(4)(ea) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104, Sch. 7 Pt. I para. 1(2)(zd)
F4S. 155(5) words substituted (1.4.1996) for paras. (a)(b)(c) by 1994 c. 39, s. 180(1), Sch. 13 para. 161(12)(a) (with s. 128(8)); S.I. 1996/323, art. 4(1)(c)
F5S. 155(5): letter “(d)" repealed (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 161(12)(b), Sch. 14 (with s. 128(8)); S.I. 1996/323, art. 4(1)(c)(d)
Modifications etc. (not altering text)
C1S. 155 amended (28.11.1994) by S.I. 1994/2825, reg. 41
S. 155 power to make provision about matters of the type dealt with in this section conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (j)(iv); S.I. 1997/1930, art. 2(m)
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