(1)The Lord Chancellor may pay to the responsible authorities grants towards the net cost to them in any year—
(a)of their functions under this Part of this Act;
(b)of their functions under any regulations made, or having effect as if made, under section 7 or 24 of the M1Superannuation Act 1972 with respect to court staff;
(c)of their functions under any regulations having effect by virtue of paragraph 20(1)(a) or (2) of Schedule 4 to this Act; and
(d)of making payments under section 10 or 54 above;
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 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—
(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—
(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.
[F1(4A)The Lord Chancellor, with the concurrence of the Treasury, may by statutory instrument make regulations providing that any expenditure of responsible authorities in pursuance of their functions under this Part of this Act which is of a description specified in the regulations shall be taken not to be capital expenditure for the purposes of section 55(3) or (7) above or this section.
(4B)A statutory instrument containing (whether alone or with other provisions) regulations made by virtue of subsection (4A) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.]
(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;
“responsible authority” has the same meaning as in section 55 above.
Textual Amendments
F1S. 57(4A)(4B) inserted (27.11.1998) by 1998 c. 65, s.10
Modifications etc. (not altering text)
C1S. 57 modified (28.2.2001) by S.I. 2001/916, art. 4, Sch. 1 para. 3 (subject to transitional provisions in Sch. 2 para. 2)
Marginal Citations