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Part 3E+WGrants etc

Chapter 1E+WExpenditure grant

31Power to pay grantE+W

(1)A Minister of the Crown may pay a grant to a local authority in England towards expenditure incurred or to be incurred by it.

(2)A Minister of the Crown, or the National Assembly for Wales, may pay a grant to a local authority in Wales towards expenditure incurred or to be incurred by it.

(3)The amount of a grant under this section and the manner of its payment are to be such as the person paying it may determine.

(4)A grant under this section may be paid on such conditions as the person paying it may determine.

(5)Conditions under subsection (4) may, in particular, include—

(a)provision as to the use of the grant;

(b)provision as to circumstances in which the whole or part of the grant must be repaid.

(6)In the case of a grant to a local authority in England, the powers under this section are exercisable with the consent of the Treasury.

Modifications etc. (not altering text)

C5S. 31 functions made exercisable concurrently for specified purpose (8.5.2017) by The Cambridgeshire and Peterborough Combined Authority Order 2017 (S.I. 2017/251), arts. 1(3), 7

C10S. 31: functions made exercisable concurrently (with modifications) (20.12.2023) by The York and North Yorkshire Combined Authority Order 2023 (S.I. 2023/1432), arts. 1(2), 22

32Application to Greater London AuthorityE+W

(1)For the purposes of section 31, expenditure of a functional body shall be treated as expenditure of the Greater London Authority.

(2)The conditions on which grant under section 31 may be paid include, in the case of a grant to the Greater London Authority, a condition requiring the Mayor to transfer the grant to a functional body.

(3)A decision to pay a grant under section 31 subject to such a condition as is mentioned in subsection (2) above shall be notified to the functional body concerned as well as to the Greater London Authority.

(4)Where a grant paid under section 31 to the Greater London Authority is paid subject to such a condition as is mentioned in subsection (2) above, the Mayor must transfer the grant to the functional body concerned forthwith.

(5)Where a grant paid under section 31 to the Greater London Authority is not paid subject to such a condition as is mentioned in subsection (2) above, the Mayor may transfer the grant to a functional body.

(6)Where grant under section 31 is transferred under this section to a functional body, any conditions to which the grant is subject shall apply to the transferee instead of the transferor.

(7)In this section, “Mayor” means Mayor of London.

Modifications etc. (not altering text)

C12S. 32 applied (with modifications) (3.3.2017) by The Tees Valley Combined Authority (Functions) Order 2017 (S.I. 2017/250), arts. 1(2), 8

C15S. 32 applied (with modifications) (8.5.2017) by The West of England Combined Authority Order 2017 (S.I. 2017/126), arts. 1(4), 17

33Interpretation of Chapter 1E+W

(1)The following are local authorities for the purposes of this Chapter—

(a)a county council;

(b)a county borough council;

(c)a district council;

(d)the Greater London Authority;

(e)a London borough council;

(f)the Common Council of the City of London, in its capacity as a local authority, police authority or port health authority;

(g)the Council of the Isles of Scilly;

F1(h). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(i)an authority established under section 10 of the Local Government Act 1985 (c. 51) (waste disposal authorities);

(j)a joint authority established by Part 4 of that Act [F2(fire and rescue services and transport)];

F3(ja). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F4(jb)an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

(jc)a combined authority established under section 103 of that Act;]

[F5(jd)a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;]

(k)a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the Town and Country Planning Act 1990 (c. 8);

[F6(l)a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;]

[F7(la)a fire and rescue authority created by an order under section 4A of that Act;]

[F8(m)a police and crime commissioner.]

(2)In this Chapter—

Textual Amendments

F6S. 33(1)(l) substituted (1.10.2004 except in relation to W. otherwise 10.11.2004) by Fire and Rescue Services Act 2004 (c. 21), s. 61, Sch. 1 para. 101; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

F7S. 33(1)(la) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 83(3); S.I. 2017/399, reg. 2, Sch. para. 38