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The Financial Provisions (Northern Ireland) Order 1993

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Payments into, and out of, a trading fund

7.—(1) There shall be paid into a trading fund all receipts in respect of the funded operations and there shall be paid out of the fund all expenditure incurred by the responsible department in respect of those operations, except expenditure in respect of liabilities not appropriated to the fund.

(2) Without prejudice to paragraph (1), there shall be paid out of the trading fund into the Consolidated Fund such sums as may be appropriate as representing accruing liabilities of the Department of Finance and Personnel in respect of pensions (including increases of pensions), gratuities and other similar benefits for persons who have been employed in the funded operations and in respect of the administrative expenses attributable to those liabilities and their discharge; and—

(a)where the Department of Finance and Personnel is the responsible department for the fund, it shall be for the Department of Finance and Personnel to determine the sums payable under this paragraph, the amount of any payment and the time at which it is to be made; and

(b)in other cases it shall be for the responsible department to determine the sums so payable in agreement with the Department of Finance and Personnel, subject to any directions given by the Department of Finance and Personnel as to the amount of any payment or the time at which it is to be made.

(3) The statutory provisions relating to public receipts, expenditure and accounting shall have effect subject to the foregoing provisions of this Article, except as may be directed by the Department of Finance and Personnel from time to time; and if any question arises whether any particular sums are required by those provisions to be paid into, or out of, the trading fund, that question shall be determined by the Department of Finance and Personnel.

(4) Nothing in this Article affects the powers conferred in relation to fees and charges by the Fees &c. (Northern Ireland) Order 1988(1).

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