Planning (Hazardous Substances) Act 1990

38 Financial provisions. E+W

(1) Where—

(a) compensation is payable by a local authority under this Act in consequence of any decision or order given or made under sections 4 to 21 or the Schedule,

(b) that decision or order was given or made wholly or partly in the interest of a service which is provided by a government department and the cost of which is defrayed out of money provided by Parliament,

the Minister responsible for the administration of that service may pay to that authority a contribution of such amount as he may with the consent of the Treasury determine.

(2) Any local authority and any statutory undertakers may contribute towards any expenses incurred by a hazardous substances authority F1 . . .in or in connection with the performance of any of their functions under sections 4 to 29.

(3) Where any expenses are incurred by a local authority in the payment of compensation payable in consequence of anything done under sections 4 to 21, the Secretary of State may, if it appears to him to be expedient to do so, require any other local authority to contribute towards those expenses such sum as appears to him to be reasonable, having regard to any benefit accruing to that authority by reason of the proceeding giving rise to the compensation.

(4) For the purposes of subsections (2) and (3), contributions made by an authority towards the expenditure of a joint advisory committee shall be deemed to be expenses incurred by that authority for the purposes for which that expenditure is incurred by the committee.

(5) The council of a county may direct that any expenses incurred by them under sections [F2 1, 3], 16, 20, 21 [F3 25(5)], 31, 34 and 36, the previous provisions of this section or the Schedule shall be treated as special expenses of a county council chargeable upon such part of the county as may be specified in the directions.

(6) There shall be paid out of money provided by Parliament any expenses of the Secretary of State or any government department under this Act.

(7) Any sums received by the Secretary of State under this Act shall be paid into the Consolidated Fund.

Textual Amendments

F1 Words repealed (1.1.1992) by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. VII; S.I. 1991/2829, art. 3

F2 Words "1, 3" substituted (1.1.1992) for words "1 to 3" by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 144, Sch. 13 Pt. I para. 2(6); S.I. 1991/2829, art. 3

F3 In s. 38(5) word "25(5)" inserted (temp.) by virtue of Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 6, Sch. 4 paras. 1, 15 (which temp. insertion falls (2.1.1992) for specified purposes only by virtue of S.I. 1991/2698, arts. 3, 4)

Modifications etc. (not altering text)

C1 S. 38(1)(2) extended (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 14(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

C2 S. 38(1) functions made exercisable concurrently or jointly with the Welsh Ministers by 2006 c. 32, Sch. 3A para. 1 (as inserted (1.4.2018) by Wales Act 2017 (c. 4), s. 71(4), Sch. 4 para. 1 (with Sch. 7 paras. 1, 6); S.I. 2017/1179, reg. 3(p))

C3 S. 38(5): transitory modification by 1990 c. 11, Sch. 4 para. 15 falls (6.4.2009) for further specified purposes by virtue of S.I. 2009/849, art. 2 (with art. 3)

Commencement Information

I1 S. 38 wholly in force at 1.6.1992 see S.I. 1992/725, art. 3; s. 38 in force for certain purposes at 11.3.1992 see S.I. 1992/725, art. 2