(1)The Secretary of State may give or arrange for the giving of financial assistance in respect of expenditure incurred or to be incurred in any matter related to or connected with a DEFRA[F1or DECC] function.
(2)Financial assistance under this section may be given in any form, and may in particular be given by way of a grant, a loan or a guarantee.
(3)Financial assistance under this section may be given subject to such conditions as may be determined by, or in accordance with arrangements made by, the Secretary of State.
(4)The conditions may, in particular, include (in the case of a grant) conditions for repayment in specified circumstances.
[F2(5)“DEFRA or DECC function” means—
(a)a function which falls to be performed by or through the Department for Environment, Food and Rural Affairs, or
(b)a former DEFRA function which falls to be performed by or through the Department of Energy and Climate Change.
(5A)In subsection (5) “former DEFRA function” has the meaning given by article 2(3) of the Secretary of State for Energy and Climate Change Order 2009.]
(6)A certificate issued by the Secretary of State that a function falls to be performed as mentioned in subsection (5) is conclusive evidence of that fact.
(7)The power to give financial assistance under this section may be exercised even though a more specific power to give financial assistance exists.
Textual Amendments
F1Words in s. 98(1) inserted (5.3.2009) by Secretary of State for Energy and Climate Change Order 2009 (S.I. 2009/229), art. 1(2), Sch. 2 para. 4(1)
F2S. 98(5)(5A) substituted for s. 98(5) (5.3.2009) by Secretary of State for Energy and Climate Change Order 2009 (S.I. 2009/229), art. 1(2), Sch. 2 para. 4(3)
Commencement Information
I1S. 98 in force at 2.5.2006 by S.I. 2006/1176, art. 5