International Development Act 2002
The Minister may provide any person or body with development assistance if the Minister is satisfied that the provision of the assistance is likely to contribute to a reduction in poverty.
In this Act “development assistance” means assistance provided for the purpose of—
furthering sustainable development in one or more countries outside the United Kingdom, or
improving the welfare of the population of one or more such countries.
Before providing development assistance under subsection (1), the Minister shall have regard to the desirability of providing development assistance that is likely to contribute to reducing poverty in a way which is likely to contribute to reducing inequality between persons of different gender.
For the purposes of subsection (2)(a) “sustainable development” includes any development that is, in the opinion of the Minister, prudent having regard to the likelihood of its generating lasting benefits for the population of the country or countries in relation to which it is provided.
In this Act, “the Minister” means the Secretary of State or the Treasury.
The Secretary of State may also provide any person or body with development assistance in a case where the requirement of section 1(1) is not met, if the assistance is provided in relation to one or more of the territories for the time being mentioned in Schedule 6 to the British Nationality Act 1981 (c. 61) (British overseas territories).
The Secretary of State may provide any person or body with assistance for the purpose of alleviating the effects of a natural or man-made disaster or other emergency on the population of one or more countries outside the United Kingdom.
Before providing assistance under subsection (1), the Secretary of State shall have regard to the desirability of providing assistance under that subsection in a way that takes account of any gender-related differences in the needs of those affected by the disaster or emergency.
The Minister may with a view to preparing for or facilitating the exercise of the applicable powers—
enter into arrangements with any person or body (including arrangements to provide assistance), or
carry on any other activities.
The Minister may— if the Minister is satisfied that to do so is likely to contribute to a reduction in poverty.
support, by way of subscription or otherwise, any organisation that exists (wholly or partly) for one or more relevant purposes,
contribute to any fund that is intended to be used (wholly or partly) for one or more relevant purposes, or
promote, or assist any person or body to promote, awareness of global poverty and of the means of reducing such poverty,
In subsection (1) “the applicable powers” means—
where the Minister is the Secretary of State, the powers under section 1, 2 or 3, and
where the Minister is the Treasury, the power under section 1.
Subsection (2) is without prejudice to the generality of subsection (1).
For the purposes of subsection (2) “relevant purpose” means—
where the Minister is the Secretary of State—
a purpose mentioned in section 1(2)(a) or (b) or 3, or
a purpose that broadly corresponds to that purpose, and
where the Minister is the Treasury—
a purpose mentioned in section 1(2)(a) or (b), or
a purpose that broadly corresponds to that purpose.
In this Act “assistance” means assistance in any form or of any nature, including—
financial or technical assistance, and
assistance consisting in a supply of materials.
In subsection (1) “technical assistance” includes assistance that—
consists in know-how in the form of personnel, training or the provision of the results of research, or
is provided in the form of a scholarship.
Financial assistance may be provided under this Act—
by way of grant or loan,
in the form of a guarantee, or
by the Minister acquiring securities of a company.
More than one form of financial assistance may be provided in any case.
In this section—
As soon as possible after 30th September in each year, the Commission must make to the Secretary of State a report on the discharge of their functions during the period of 12 months ending with that day. The Secretary of State must lay a copy of the report before each House of Parliament.
An officer who immediately before the coming into force of this Act holds an appointment under section 10 of the 1980 Act (appointment of officers available for public service overseas) shall continue to hold office in accordance with that section after the coming into force of this Act.
“company” includes any body corporate, wherever registered; and
“securities”, in relation to a company, means shares (including stock), debentures, bonds and other securities, whether constituting a charge on the assets of the company or not.
in relation to Scotland, has the meaning given in section 56(2) of the Further and Higher Education (Scotland) Act 1992; and
This section is subject to section 7(3) (Treasury approval required for certain financial assistance).
In a case where securities of a company are acquired by the Treasury, the securities are to be treated as held by the persons for the time being constituting the Treasury.
The Minister may provide assistance under this Act on such terms and conditions (if any) as the Minister may determine.
Assistance, other than financial assistance, may be provided—
free of charge, or
on such terms as to payment as the Minister may determine.
Financial assistance (other than a grant) may be provided under this Act by the Secretary of State only if the Treasury have approved the terms and conditions on which it is provided.
Approval may be given either with respect to a particular case or with respect to a class of cases.
Any power conferred on the Minister by the relevant provisions to provide assistance to any person or body, or carry on any other activities, includes a power to enter into arrangements to secure that such assistance is provided, or (as the case may be) activities are carried on, by one or more other persons.
The arrangements may provide for the Minister to make payments to persons who provide facilities in pursuance of the arrangements.
In this section “the relevant provisions” means—
where the Minister is the Secretary of State, sections 1 to 4, and
where the Minister is the Treasury, sections 1 and 4.
Each of the statutory bodies mentioned in Schedule 1 may enter into and carry out agreements for the purpose of—
furthering sustainable development in one or more countries outside the United Kingdom,
improving the welfare of the population of one or more such countries, or
alleviating the effects of a natural or man-made disaster or other emergency on the population of one or more such countries.
An agreement entered into by a statutory body under this section (“an authorised agreement”) must not make provision for the body to provide financial assistance.
Before entering into an authorised agreement, the statutory body must obtain the consent of the Secretary of State.
The Secretary of State may give his consent for that purpose—
where the statutory body concerned is a Scottish body or is within section 10(1)(b), only with the approval of the Scottish Ministers, and
where the statutory body concerned is a Welsh bodyother than the National Assembly for Wales, only with the approval of the National Assembly for Wales.
An order may be made under this subsection to amend Schedule 1 by making additions to or deletions from the statutory bodies for the time being listed there.
The power conferred by subsection (5) is exercisable—
in the case of any order relating to a Scottish body, by the Scottish Ministers,
in the case of any order relating to a statutory body within section 10(1)(b), by the Secretary of State acting with the consent of the Scottish Ministers,
in the case of any order relating to a Welsh body, by the National Assembly for Wales, and
in any other case, by the Secretary of State.
For the purposes of section 9—
“Scottish body” means a statutory body all of whose functions meet the following requirements, namely—
they are exercisable in or as regards Scotland, and
they do not relate to reserved matters (within the meaning of the Scotland Act 1998 (c. 46)); and
a body falls within this paragraph if it has, in addition to other functions, functions that meet the requirements of paragraph (a)(i) and (ii).
For the purposes of that section “Welsh body” means a statutory body—
whose functions are exercisable only or mainly in or as regards Wales, and
which is not designated by the Secretary of State, by order, as an excluded statutory body for the purposes of this section.
Before making an order under subsection (2), the Secretary of State must consult the National Assembly for Wales.
This section applies where the Government of the United Kingdom is at the time this section comes into force, or at a later time becomes, bound to make a relevant payment to a multilateral development bank.
For the purposes of this section—
“multilateral development bank” means an international financial institution having as one of its objects economic development, either generally or in any region of the world; and
“relevant payment”, in relation to such a bank, means—
The repeal by this Act of the 1980 Act shall not prevent any guarantee given (or treated as given) under section 8 of that Act from continuing to have effect after the coming into force of this Act; and subsections (7) and (9) of that section shall continue to have effect in relation to a guarantee given (or treated as given) under that section.
Nothing in this Act affects the continued operation after the commencement of this Act of any saving or transitional provision contained in an enactment repealed by this Act, insofar as it was operating immediately before the commencement of this Act.
“multilateral development bank” means an international financial institution having as one of its objects economic development, either generally or in any region of the world; and
A member of the Commission holds and vacates office in accordance with the terms of his appointment. A member may resign by notice in writing to the Secretary of State. After ceasing to hold office, a member is eligible for reappointment.
Amend section 97 of the Police Act 1996 (status of police officers undertaking relevant service) as follows. In subsection (1) (meaning of relevant service), at the end of paragraph (g) insert, or . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Minister may—
on behalf of the Government of the United Kingdom, make—
the relevant payment, or
where it has been paid, any payment required to maintain its value; or
make a payment to redeem any non-interest-bearing and non-negotiable notes, or other obligations, issued or created by him, that are accepted by the bank in accordance with the agreement or arrangements under which the relevant payment is required to be made.
Subsection (3) applies to a payment only if it is approved for the purposes of this section by an order made —
by the Treasury, or
by the Secretary of State with the approval of the Treasury.
No order shall be made under subsection (4) unless a draft of it has been laid before and approved by the House of Commons.
Her Majesty may by Order in Council make such provision as She considers reasonably necessary for giving effect to any relevant provision of the agreement establishing an international financial institution.
For this purpose a provision is “relevant” if it relates to the status, immunities or privileges of—
the international financial institution,
its governors, directors or executive-directors or alternates, or
its officers or employees.
For the purposes of this section the following are “international financial institutions”—
the International Bank for Reconstruction and Development;
the International Finance Corporation;
the International Development Association.
the Bank for International Settlements.
No recommendation may be made to Her Majesty in Council to make an Order under this section unless a draft of the Order has been laid before Parliament and approved by resolution of each House of Parliament.
The Secretary of State may by order amend subsection (3) by making additions to or deletions from the institutions that are for the time being listed there.
This section is without prejudice to the powers conferred by the International Organisations Act 1968 (c. 48) or any other Act.
There shall continue to be a Commission known as the Commonwealth Scholarship Commission in the United Kingdom (“the Commission”).
The Commission shall consist of— appointed by the Secretary of State.
a chairman, and
not less than nine nor more than fourteen other members,
Not less than four of the members shall be persons appointed as the holders of high academic office.
Schedule 2 has effect with respect to the Commission.
It is the duty of the Commission to—
select the recipients of awards arising out of the Commonwealth Scholarship and Fellowship Plan to persons coming to the United Kingdom,
make arrangements—
for placing the recipients at institutions within the further education sector or higher eduction sector , at 16 to 19 Academies or at other appropriate establishments in the United Kingdom, and
for the supervision of their work during the period of their awards,
select persons to be put forward as candidates from the United Kingdom for awards that—
arise out of the Plan, and
are to be granted in countries outside the United Kingdom, and
discharge any other functions under the Plan that the Secretary of State may assign to the Commission.
In discharging their functions, the Commission must comply with any direction given to them by the Secretary of State.
The Secretary of State may not give any direction for the selection or rejection of any particular person for an award or as a candidate for an award.
The persons selected under subsection (1)(a) must be Commonwealth citizens or British protected persons (within the meaning of the British Nationality Act 1981 (c. 61)), except where the Commission for special reasons approved by the Secretary of State otherwise determine.
The Secretary of State may—
make such awards as are mentioned in subsection (1)(a), or
supplement such awards as are mentioned in subsection (1)(c).
In this section—
“the Commission” has the same meaning as in section 13;
“relevant payment”, in relation to such a bank, means—
an initial subscription, or other initial contribution to the capital stock of the bank, that the international agreement for the establishment and operation of the bank requires the members of the bank to make, or
a further payment to the bank required to be made by the members under any arrangements.
“the Commonwealth Scholarship and Fellowship Plan” means the Plan of that name put forward by the Commonwealth Development Conference held at Oxford in July 1959;
The quorum of the Commission is six. The validity of any proceedings of the Commission is not affected by—
Amend section 38A of the Police (Scotland) Act 1967 (status of constables undertaking relevant service) as follows. In subsection (1) (meaning of relevant service), at the end of paragraph (e) insert, or . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 7 of the Police Pensions Act 1976 (payment of pensions and contributions), in subsection (2)(b), after “1980” insert “ or an appointment made in connection with the provision by the Secretary of State of assistance under the International Development Act 2002 ”. In section 11 of that Act (interpretation), in subsection (1)(a), after “1980” insert “ or an appointment made in connection with the provision by the Secretary of State of assistance under the International Development Act 2002 ”.
Amend section 615 of the Income and Corporation Taxes Act 1988 (exemption from tax in respect of certain pensions) as follows. In subsection (8) (interpretation), omit paragraphs (a) and (b). After subsection (8) insert—
“the Commission” has the same meaning as in section 13;
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The following provisions of the Overseas Development and Co-operation Act 1980 (c. 63) shall cease to have effect—
section 3 (abortive exploratory expenditure connected with overseas enterprises);
section 7 (the Asian Development Bank);
section 8 (guarantees of International Bank’s loans to colonial territories).
There shall be paid out of money provided by Parliament—
any expenses incurred by the Secretary of State by virtue of this Act;
any sums required by him for fulfilling any guarantee given under this Act;
any increase attributable to this Act in the sums payable out of money so provided by virtue of any other Act.
There shall be paid into the Consolidated Fund any sums received by the Minister—
by way of interest on, or repayment of, a loan made under this Act,
as a result of the disposal of any securities acquired under this Act, or by way of a dividend or other payment in respect of such securities, or
by way of payment under section 7 for any assistance under this Act, other than financial assistance.
In this section “securities” has the same meaning as in section 6.
In this Act—
“development assistance” has the meaning given in section 1.
“development assistance” has the meaning given in section 1.
For the purposes of this Act references to the population of a country include references to any future population of the country and to any part of the population (present or future).
Any power conferred by this Act to make an order is exercisable by statutory instrument.
A statutory instrument made by the Secretary of State under any power conferred by this Act to make an order, except an order under section 11(4) or 20(2), is subject to annulment in pursuance of a resolution of either House of Parliament.
A statutory instrument made by the Scottish Ministers under the power conferred by section 9(5) is subject to annulment in pursuance of a resolution of the Scottish Parliament.
Schedule 3 (consequential amendments) has effect.
The enactments specified in Schedule 4 are repealed to the extent specified.
This Act may be cited as the International Development Act 2002.
This Act shall come into force on such day as the Secretary of State may by order appoint.
Schedule 5 (which makes transitional provisions and savings in connection with the commencement of this Act) has effect.
Any amendment contained in Schedule 3 or repeal contained in Schedule 4 has the same extent as the enactment to which it relates.
Subject to that, this Act extends to Northern Ireland.
Section 9
British Tourist Authority ... NHS England ... An integrated care board A Health Board ... A Local Health Board A National Health Service trust established under the National Health Service Act 2006, the National Health Service (Wales) Act 2006, or the National Health Service (Scotland) Act 1978 (c. 29) An NHS foundation trust The National Institute for Health and Care Excellence. ... ... A Special Health Authority A Special Health Board ... Wales Tourist BoardThe National Assembly for Wales
Section 13
in relation to England and Wales, has the meaning given in section 91 of the Further and Higher Education Act 1992 (c. 13), and
The Commission may appoint committees to assist them in the discharge of their functions. A committee may include persons who are not members of the Commission. The Commission may delegate any of their functions to a committee, with or without restrictions or conditions.
“United Kingdom” includes the Channel Islands and the Isle of Man.
The expenses of the Commission, up to such amount as may be approved by the Secretary of State with the consent of the Treasury, may be defrayed by the Secretary of State. For this purpose “expenses” includes travelling and other allowances paid to—
In Schedule 3 to the Parliamentary Commissioners Act 1967 (matters not subject to investigation), in paragraph 10(2)(a), after “1980” insert “ or pursuant to the exercise of his powers under Part I of the International Development Act 2002 ”.
In section 2 of the Overseas Pensions Act 1973 (superannuation schemes as respects certain overseas service etc), in subsection (2)(d), in both sub-paragraph (i) and sub-paragraph (ii), after “1980” insert “ or an appointment made in connection with the provision by the Secretary of State of assistance under the International Development Act 2002 ”.
For this purpose—
Amend section 27 of the Police (Northern Ireland) Act 1998 (status of police officers undertaking relevant service) as follows. In subsection (1) (meaning of relevant service), at the end of paragraph (h) insert, or . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Any order under section 6 of the Overseas Development and Co-operation Act 1980 (c. 63) (“the 1980 Act”) (international development banks and the International Development Association) which has effect immediately before the commencement of this Act shall have effect on and after that time as if it were an order made under section 11 of this Act. This paragraph is without prejudice to section 17(2)(b) of the Interpretation Act 1978 (c. 30) (saving of subordinate legislation on repeal and re-enactment of a provision).
The repeal by this Act of the 1980 Act shall not prevent any agreement entered into under section 12 of that Act from continuing to have effect after the coming into force of this Act.
Section 19
in relation to Scotland, includes— colleges of further education with a board of management within the meaning of section 36 of the Further and Higher Education (Scotland) Act 1992 (c. 37), colleges of further education maintained by an education authority in the exercise of its further education functions in providing courses of further education within the meaning of section 1(5)(b)(ii) of the Education (Scotland) Act 1980 (c. 44), and central institutions within the meaning of section 135 of the Education (Scotland) Act 1980;
For this purpose—
In Schedule 2 to the Pensions (Increase) Act 1971 (official pensions), in paragraph 15(b), after “1980” insert “ or in connection with the provision by the Secretary of State of assistance under the International Development Act 2002 ”.
In section 13B of the Customs and Excise Duties (General Reliefs) Act 1979 (persons to whom provisions about relief from duties etc. apply), in subsection (1), for paragraph (b)(v) substitute—
in relation to Scotland, has the meaning given in section 56(2) of the Further and Higher Education (Scotland) Act 1992; and
Section 19
Short title and chapter Extent of repeal Police (Scotland) Act 1967 (c. 77). In section 38A(1)(d), the word “or”. Overseas Development and Co-operation Act 1980 ( c. 63). The whole Act. Fisheries Act 1981 (c. 29). Section 3(6). Miscellaneous Financial Provisions Act 1983(c. 29). Section 4(4). Coal Industry Act 1987 (c. 3). In Schedule 1, paragraph 37. Income and Corporation Taxes Act 1988 (c. 1). Section 615(8)(a) and (b). National Health Service and Community Care Act 1990 (c. 19). In Schedule 9, paragraph 21. Coal Industry Act 1994 (c. 21). In Schedule 9, paragraph 24. Health Authorities Act 1995 (c. 17). In Schedule 1, paragraph 105. Police Act 1996 (c. 16). In section 26(8), the words “and section 10 of the Overseas Development and Co-operation Act 1980”. In section 97(1)(f), the word “or”. Police (Northern Ireland) Act 1998 ( c. 32). In section 27(1)(g), the word “or”. Police (Northern Ireland) Act 2000 (c. 32). Section 8(6).
Section 20