OpenLegislation

Article 40 Financial provisionsF1

F2(1)

The Department shall pay to theF3 Executive such sums as the Department, with the approval of the Department of Finance may determine are appropriate for the purpose of enabling the Executive to perform its functions.

(2)

Regulations may provide for such fees as may be fixed by or determined under the regulations to be payable for or in connection with the performance by or on behalf of any authority to which this paragraph applies of any function conferred on that authority by or under any of the relevant statutory provisions.

(3)

Paragraph (2) applies to the following authorities, namely the Executive, the Department concerned, every enforcing authority, and any other person on whom any function is conferred by or under any of the relevant statutory provisions.

(4)

Regulations under this Article may specify the person by whom any fee payable under the regulations is to be paid; but no such fee shall be made payable by a person in any of the following capacities, namely an employee, a person seeking employment, a person training for employment, and a person seeking training for employment.

(5)

In paragraph (4) the references to a person training for employment and a person seeking training for employment shall include respectively a person attending an industrial rehabilitation course provided under the Disabled Persons (Employment) Act (Northern Ireland) 1945 1945 c.6 and a person seeking to attend such a course.

(6)

For the purposes of this Article the performance by an inspector of his functions shall be treated as the performance by the enforcing authority which appointed him of functions conferred on that authority by or under any of the relevant statutory provisions.

Annotations

Textual amendments

F1

mod. by SR 2000/87; 2000/120

F2

mod. by 2002 c. 8 (NI)

F3

1998 NI 18

Notes on Part II

Textual amendments

F1

mod. by SR 2001/295

Modifications

C1

Pt. II restricted (15.11.2010) by Fire and Rescue Services (Northern Ireland) Order 2006 (S.I. 2006/1254 (N.I. 9)), arts. 1(3), 47 (with arts. 44, 46, 47(2), 49, 62); S.R. 2010/328, art. 2