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The Financial Provisions (Northern Ireland) Order 1989

1989/984 · Made 13 June 1989 · Extends to Northern Ireland

Up to date with all changes known to legislation.gov.uk, revised to 2 March 2021.

13th June 1989

Contents

  1. Part: Introductory
  2. 1Title and commencement
  3. 2Interpretation
  4. Part: Advances to Northern Ireland Housing Executive
  5. 3Disposal of capital surplus in Consolidated Fund by writing off advances to Northern Ireland Housing Executive
  6. Part: Increase of limits
  7. 4Loans and grants for harbour works, etc. Repealed
  8. 5Guarantees in connection with loans to general medical practitioners
  9. Government loans
  10. 7Additional interest on arrears of variable interest loans
  11. Miscellaneous and supplementary
  12. 10Repeals
  13. Schedule Schedule

1Title and commencement

(1)

This Order may be cited as the Financial Provisions (Northern Ireland) Order 1989.

(2)

This Order shall come into operation on such day or days as the Head of the Department of Finance and Personnel may by order appointF1.

2Interpretation

The Interpretation Act (Northern Ireland) 1954F1 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.

3Disposal of capital surplus in Consolidated Fund by writing off advances to Northern Ireland Housing Executive

(1)

The Department of Finance and Personnel may dispose of the current capital surplus in the Consolidated Fund by writing off a corresponding amount of principal due to the Consolidated Fund in respect of advances made under—

(a)

Article 15(1) of the Housing (Northern Ireland) Order 1981F1 ;

(b)

Article 3(1) of the Housing Finance (Northern Ireland) Order 1977F2 ;

(c)

section 20(1) of the Housing Executive Act (Northern Ireland) 1971F3 .

(2)

In paragraph (1) the “current capital surplus” means such amount as the Department of Finance and Personnel determines to be the amount by which the assets transferred to the Consolidated Fund by Articles 4 to 7 of the Financial Provisions (Northern Ireland) Order 1986F4 (abolition of certain funds) exceeded the liabilities so transferred by Article 4 of that Order.

4Loans and grants for harbour works, etc.F1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5Guarantees in connection with loans to general medical practitioners

In paragraph 5( a ) of Schedule 9 to the Health and Personal Social Services (Northern Ireland) Order 1972F1 (guarantee by Department of Finance and Personnel in connection with certain loans to general medical practitioners not to exceed £4 million), for “£4,000,000” there shall be substituted “ £6,000,000 ” .

Government loans

Art. 6 rep. by 1992 NI 1

7Additional interest on arrears of variable interest loans

(1)

In Article 9 of the Financial Provisions (Northern Ireland) Order 1983 (terms, etc., of government loans)—

(a)

in paragraph (5) (publication of notices in the Belfast Gazette), after sub‐paragraph ( a ) there shall be inserted the following sub‐paragraph—

“(aa)

the rates of interest chargeable under Article 12 in respect of any variable interest loan or class of variable interest loans specified in the notice; and” ;

(b)

in paragraph (5A) (rates of interest may be stated using formula) after the words “paragraph (5)(a )” there shall be inserted the words “ or (aa ) ” .

(2)

In Article 12 of that Order (additional interest on arrears of government loans)—

(a)

in paragraph (1) (interest chargeable when more than thirty‐one days in arrear), for the words “government loan” there shall be substituted the words “ variable interest loan is in arrear or in respect of any government loan which is not a variable interest loan ” ;

(b)

after that paragraph there shall be inserted the following paragraph—

“(1A)

The rate of interest charged under paragraph (1) in respect of a variable interest loan shall be such as may be determined by the Department under Article 9.” ;

(c)

in paragraph (2) (calculation of rate of additional interest on arrears of government loans) after the words “paragraph (1)” there shall be inserted the words “ in respect of a government loan which is not a variable interest loan ” .

Miscellaneous and supplementary

Art. 8 rep. by 2001 c. 6 (NI)

Art. 9 rep. by 2004 NI 22

10Repeals

(1)

In Article 9(6) of the Financial Provisions (Northern Ireland) Order 1983F1 (construction of reference to security to include reference to charge imposed by a statutory provision for securing government loans to a district council etc.), the words from “to a district council” to the end shall cease to have effect.

(2)

The statutory provisions set out in the Schedule are hereby repealed to the extent specified in the third column of the Schedule.