Budget (Scotland) Act 2000

PART 1 FINANCIAL YEAR 2000/01

The Scottish Consolidated Fund

1 The Scottish Administration

(1) The amounts specified in column 2 of schedule 1 are the maximum amounts which may, in financial year 2000/01, be paid out of the Scottish Consolidated Fund (“the Fund”) under section 65(1)(c) and (2)(a) of the Scotland Act 1998 (c. 46) (“the 1998 Act”) for the purposes specified in the corresponding entries in column 1.

(2) Receipts of the types specified in column 3 of schedule 1 may, in financial year 2000/01, be applied for the purposes specified in the corresponding entries in column 1 up to the amounts specified in column 4 instead of being paid into the Fund.

(3) Receipts of office-holders in the Scottish Administration which are of the types specified in column 1 of each Part of schedule 2 may, in financial year 2000/01, be applied for the purposes specified in the corresponding entries in column 2 up to the overall amount specified at the end of that Part instead of being paid into the Fund.

(4) Such receipts may be so applied only through the part of the Scottish Administration through which they are received.

(5) The Parts of that schedule set out the types of receipt, purposes and overall amounts by reference to the parts of the Scottish Administration through which the receipts are received and may be applied.

2 Direct-funded bodies

(1) The amounts specified in column 2 of schedule 3 are the maximum amounts which may, in financial year 2000/01, be paid out of the Fund under section 65(1)(c) and (2)(b) of the 1998 Act for the purposes specified in the corresponding entries in column 1.

(2) Receipts of the types specified in column 3 of schedule 3 may, in financial year 2000/01, be applied for the purposes specified in the corresponding entries in column 1 up to the amounts specified in column 4 instead of being paid into the Fund.

(3) Receipts of the types specified in column 1 of each Part of schedule 4 may, in financial year 2000/01, be applied for the purposes specified in the corresponding entries in column 2 up to the overall amount specified at the end of that Part instead of being paid into the Fund.

(4) The Parts of that schedule set out the types of receipt, purposes and overall amounts by reference to the bodies in respect of which sums may be paid out of the Fund in pursuance of subsection (1).

3 Contingencies: payments out of the Fund

(1) This section applies where, in financial year 2000/01, it is proposed to pay a sum out of the Fund under section 65(1)(c) of the 1998 Act other than in accordance with section 4 of the Public Finance and Accountability (Scotland) Act 2000 (asp 1) (“the 2000 Act”).

(2) The sum may be paid out of the Fund only if its payment is authorised by the Scottish Ministers.

(3) The Scottish Ministers may authorise payment only if they consider that—

(a) the payment is necessarily required in the public interest to meet urgent expenditure for a purpose falling within section 65(2) of the 1998 Act, and

(b) it is not reasonably practicable, for reasons of urgency, for the requirements of section 4 of the 2000 Act in relation to the sum to be satisfied by a Budget Act.

(4) But the Scottish Ministers must not authorise payment of the sum if it would result in an excess of sums paid out of the Fund over sums paid into the Fund.

(5) The aggregate amount of the sums which the Scottish Ministers may authorise to be paid out of the Fund under this section must not exceed £50 million.

(6) Where the Scottish Ministers authorise a payment under this section they must, as soon as possible, lay before the Parliament a report setting out the circumstances of the authorisation and why they considered it to be necessary.

Capital expenditure of, and borrowing by, certain statutory bodies

4 Capital expenditure of, and borrowing by, certain statutory bodies

(1) The amount specified for financial year 2000/01 for the purposes of section 94(5) of the Local Government (Scotland) Act 1973 (c. 65) (relevant expenditure arising from capital expenses of local authorities etc.) is £589,278,000.

(2) In schedule 5, the amounts set out in column 2 are the amounts specified for financial year 2000/01 for the purposes of the enactments listed in the corresponding entries in column 1 (which make provision as to the net borrowing of the bodies mentioned in that column).

PART 2 FINANCIAL YEAR 2001/02

5 Emergency arrangements

(1) This section applies if, at the beginning of financial year 2001/02, payments in that year out of the Fund under section 65(1)(c) of the 1998 Act have not been authorised by any enactment.

(2) Until there is in force a Budget Act providing such authorisation—

(a) any purpose for which payments out of the Fund are authorised to be made by this Act for financial year 2000/01 shall be taken to be a purpose for which payments out of the Fund are authorised to be made in financial year 2001/02, and

(b) the maximum amount which may, in each calendar month of financial year 2001/02, be paid out of the Fund for any purpose must not exceed whichever is the greater of—

(i) one-twelfth of the maximum amount authorised by this Act to be paid out for that purpose in financial year 2000/01, and

(ii) the amount paid out of the Fund for that purpose in the corresponding calendar month of that financial year,

and section 4 of the 2000 Act has effect accordingly.

(3) Subsection (2) is subject to any provision made by Budget Act for financial year 2001/02.

PART 3 MISCELLANEOUS AND SUPPLEMENTARY

Budget revisions

6 Amendment of this Act

(1) The Scottish Ministers may by order made by statutory instrument amend—

(a) the amount specified in section 4(1),

(b) schedules 1 to 4,

(c) column 2 of schedule 5.

(2) No order may be made under subsection (1) unless a draft of it has been laid before, and approved by resolution of, the Parliament.

Supplementary

7 Interpretation

(1) In this Act—

• “the Fund” means the Scottish Consolidated Fund,

• “the 1998 Act” means the Scotland Act 1998 (c. 46),

• “the 2000 Act” means the Public Finance and Accountability (Scotland) Act 2000 (asp 1),

(2) Expressions used in this Act and in the 2000 Act have the same meanings in this Act as they have in that Act.

8 Short title

This Act may be cited as the Budget (Scotland) Act 2000.