Section 76 Power of local authorities to make payments

England and Wales

C1(1)

A local authority may make payments to F1F2NHS England, F3an integrated care board F4... F5... or a Local Health Board towards expenditure incurred or to be incurred by the body in connection with the performance by it of prescribed functions.

(2)

A payment under this section may be made in respect of expenditure of a capital or of a revenue nature or in respect of both kinds of expenditure.

(3)

The Secretary of State may by directions prescribe conditions relating to payments under this section.

(4)

The power under subsection (3) may in particular be exercised so as to require, in such circumstances as may be specified—

(a)

repayment of the whole or part of a payment under this section, or

(b)

in respect of property acquired with payments under this section, payment of an amount representing the whole or part of an increase in the value of the property which has occurred since its acquisition.

(5)

No payment may be made under this section in respect of any expenditure unless the conditions relating to it conform with the conditions prescribed for payments of that description under subsection (3).

Annotations

Textual amendments

F1: Words in s. 76(1) inserted (1.4.2013) by Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 25(a); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F2: Words in Act substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 1 para. 1(1)(2); S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F3: Words in s. 76(1) substituted (1.7.2022) by Health and Care Act 2022 (c. 31), s. 186(6), Sch. 4 para. 103; S.I. 2022/734, reg. 2(a), Sch. (with regs. 13, 29, 30)
F4: Words in s. 76(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 25(b); S.I. 2013/160, art. 2(2) (with arts. 7-9)
F5: Words in s. 76(1) omitted (1.4.2013) by virtue of Health and Social Care Act 2012 (c. 7), s. 306(4), Sch. 4 para. 25(c); S.I. 2013/160, art. 2(2) (with arts. 7-9)

Modifications

C1: S. 76(1) modified by 2004 c. 17, s. 4(5)(b) (as substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 258(b) (with Sch. 3 Pt. 1))