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The Financial Provisions (Northern Ireland) Order 1993

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Public dividend capital

5.—(1) An order providing for any assets and liabilities to be appropriated as assets and liabilities of a trading fund may provide for any part of the amount by which the values of the assets exceed the amounts of the liabilities to be treated as public dividend capital of the fund.

(2) Where the responsible department—

(a)repays out of a trading fund before the due date any amount outstanding in respect of the principal of any sums issued to the fund by the authorised lender by way of loan, or

(b)pays any amount standing in the reserves of a trading fund into the Consolidated Fund,

it may issue out of money appropriated by Measure a corresponding amount to the fund as public dividend capital.

(3) Where any sum is issued to a trading fund under Article 6, the responsible department may pay out of the fund into the Consolidated Fund a corresponding sum in reduction or extinguishment of any public dividend capital.

(4) Public dividend capital ranks as an asset of the Consolidated Fund.

(5) For any financial year in which a trading fund has public dividend capital, there shall be paid out of the fund into the Consolidated Fund such sums (if any) by way of return on that capital and its reserves as the responsible department may determine having regard to any balance in the fund at the end of that year and the amount of the balance which appears to be in the nature of distributable profit.

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