Disability Act 2005

Provision of resources and extent of provision.

5

5.—(1) In this section—

“Minister” means a Minister of the Government;

“relevant public body”, in relation to a Minister, means a public body which provides services under this Act in relation to which that Minister allocates moneys;

“service plan”, in relation to a specified body, means a service plan or other similar document approved by the Minister to whom that body is required by an enactment to submit such a plan or document;

“specified body” means the Executive or any other public body which is not the subject of an allocation by a Minister under subsection (2) .

(2) Where, in the financial year 2005 or any subsequent such year, a Minister or a relevant public body in relation to that Minister provides or arranges for the provision of services under this Act, that Minister shall, subject to subsections (4) and (5), allocate out of the moneys available to him or her for that year such amount as he or she considers appropriate for the provision of those services.

(3) Where, in the financial year 2005 or any subsequent such year, a specified body provides or arranges for the provision of services under this Act, that body shall, subject to subsections (4) and (5), allocate out of the moneys available to it for that year such amount as it considers appropriate for the provision of those services.

(4) In determining the appropriate allocation under subsection (2) or (3) in a financial year, the Minister or specified body concerned shall ensure that the amount remaining after the allocation is not less than the amount that is appropriate, having regard, inter alia, to—

( a) the extent of the Minister's or the specified body's other obligations in that year, and

( b) in the case of a specified body, its service plan for that year,

for the performance of the functions conferred on the Minister or the specified body other than by this Act.

(5) If satisfied that the amount of the moneys allocated under subsection (2) or (3) in a financial year is the maximum amount permitted by this section to be so allocated—

( a) the Minister or specified body concerned, as the case may be, shall not be required to allocate, and nothing in this Act shall be construed as requiring the allocation of, additional moneys under subsection (2) or (3) for that year, and

( b) the Minister or a relevant public body in relation to the Minister or a specified body, as the case may be, shall not be required to provide, and nothing in this Act shall be construed as requiring the provision by or on behalf of the Minister, the relevant public body or the specified body of, services under this Act in that year the cost of the provision of which could not be met out of the moneys allocated under subsection (2) or (3).