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AI Summary of 40. Funding of Authority

The Authority shall, from advances made to it by the Minister under section 39(1), fund its operational costs for a period of three years from establishment day. Subject to subsection (3), after those three years the Authority shall fund operational costs for each relevant financial period from the total amount of the charges imposed in accordance with section 41 for the period concerned.

Where monies from charges are insufficient for a relevant financial period, the Authority may request an advance from the Minister under section 39(2) or draw on any reserve established under subsection (4). Any charge income not required for that period may be retained to create a reserve, offset future charges or form a refund fund; a licensee who ceases to provide the licensed activity during the period may apply for a pro rata refund, but at least half of the charge is non‑refundable, and refunds are not available where cessation is due to suspension, revocation or a court order under section 220.

Version status: In force | Document consolidation status: Updated to reflect all known changes
Version date: 5 February 2026 - onwards
Version 4 of 4

40. Funding of Authority

(1) The Authority shall, from the advances made to it by the Minister under section 39(1), fund the operational costs of the Authority for a period of 3 years from the establishment day.

(2) Subject to subsection (3), the Authority shall, after the 3 years referred to in subsection (1), fund the operational costs for a relevant financial period from the total amount of the charges imposed in accordance with section 41 for the period concerned.

(3) Where the Authority is unable to meet the operational costs incurred for a relevant financial period from the monies received from charges imposed for that period, the Authority may, for the purposes of meeting any deficit -

(a) request an advance from the Minister under section 39(2), or

(b) draw on any reserve it may have in place under subsection (4).