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Budget (Scotland) Act 2001

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PART 1 S FINANCIAL YEAR 2001/02

Use of resourcesS

1 The Scottish AdministrationS

(1)Resources other than accruing resources may, in financial year 2001/02, be used by the Scottish Administration for the purposes specified in column 1 of schedule 1 up to the amounts specified in the corresponding entries in column 2.

(2)Accruing resources of the types specified in column 3 of schedule 1 may, in financial year 2001/02, be used by the Scottish Administration for the purposes specified in the corresponding entries in column 1 up to the amounts specified in column 4.

(3)Accruing resources of the types specified in column 1 of each Part of schedule 2 may, in financial year 2001/02, be used by the Scottish Administration for the purposes specified in the corresponding entries in column 2 up to the overall amount specified at the end of that Part.

(4)Such resources may be so used only through the part of the Scottish Administration through which they accrue.

(5)The Parts of that schedule set out the types of accruing resources, purposes and overall amounts by reference to the parts of the Scottish Administration through which the resources accrue and may be used.

2 Direct-funded bodiesS

(1)Resources other than accruing resources may, in financial year 2001/02, be used by the bodies mentioned in column 1 of schedule 3 for the purposes specified in that column up to the amounts specified in the corresponding entries in column 2.

(2)Accruing resources of the types specified in column 3 of schedule 3 may, in financial year 2001/02, be used by those bodies for the purposes specified in the corresponding entries in column 1 up to the amounts specified in column 4.

(3)Accruing resources of the types specified in column 1 of each Part of schedule 4 may, in financial year 2001/02, be used by the body to which that Part relates for the purposes specified in the corresponding entries in column 2 up to the overall amount specified at the end of that Part.

(4)The Parts of that schedule set out the types of accruing resources, purposes and overall amounts by reference to the bodies by which resources may be used in pursuance of subsection (1).

The Scottish Consolidated FundS

3 Overall cash authorisationsS

For the purposes of section 4(2) of the Public Finance and Accountability (Scotland) Act 2000 (asp 1) (“the 2000 Act”), the overall cash authorisations for financial year 2001/02 are—

(a)in relation to the Scottish Administration, [F1£17,677,909,000]F1,

(b)in relation to the Forestry Commissioners, [F2£45,820,000]F2,

(c)in relation to the Food Standards Agency, [F3£5,755,000],

(d)in relation to the Scottish Parliamentary Corporate Body, [F3£146,382,000],

(e)in relation to Audit Scotland, [F3£4,551,000].

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Amendments (Textual)

F1Amount specified in s. 3(a) substituted (13.3.2002) by The Budget (Scotland) Act 2001 (Amendment) Order 2002 (S.S.I. 2002/134), art 2(2), Sch. 1

F2Amount specified in s. 3(b) substituted (13.3.2002) by The Budget (Scotland) Act 2001 (Amendment) Order 2002 (S.S.I. 2002/134), art. 2(2), Sch. 1

F3Amounts specified in s. 3 substituted (20.12.2001) by S.S.I. 2001/480, art. 2(2), Sch. 1

4 Contingencies: payments out of the FundS

(1)This section applies where, in financial year 2001/02, it is proposed to pay out of the Scottish Consolidated Fund under section 65(1)(c) of the Scotland Act 1998 (c.46) (“the 1998 Act”), for or in connection with expenditure of the Scottish Administration or a body mentioned in section 3(b) to (e) of this Act, a sum which does not fall within the overall cash authorisation specified in that section in relation to the Scottish Administration or, as the case may be, that body.

(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, to amend the overall cash authorisation by an order under section 7 of this 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 Scottish 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 bodiesS

5 Capital expenditure of, and borrowing by, certain statutory bodiesS

(1)The amount specified for financial year 2001/02 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 [F4£634,965,000]F4.

(2)In schedule 5, the amounts set out in column 2 are the amounts specified for financial year 2001/02 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).

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Amendments (Textual)

F5F5 PART 2 S FINANCIAL YEAR 2002/03

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

PART 3 S MISCELLANEOUS AND SUPPLEMENTARY

Budget revisionsS

7 Amendment of this ActS

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

(a)the amounts specified in sections 3 and 5(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 Scottish Parliament.

SupplementaryS

8 RepealS

Part 2 (financial year 2001/02) of the Budget (Scotland) Act 2000 (asp 2) is repealed.

9 InterpretationS

(1)In this Act—

  • 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)References in this Act to accruing resources in relation to the Scottish Administration or any body are to such resources accruing to the Scottish Administration or, as the case may be, that body in financial year 2001/02.

(3)Except where otherwise expressly provided, expressions used in this Act and in the 2000 Act have the same meanings in this Act as they have in that Act.

10 Short titleS

This Act may be cited as the Budget (Scotland) Act 2001.

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