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Title and commencement

1.  This Order may be cited as the Budget (No. 2) (Northern Ireland) Order 2004 and shall come into operation forthwith.

Interpretation

2.—(1) The Interpretation Act (Northern Ireland) 1954 (c. 33) applies to this Order as it applies to an Act of the Assembly.

(2) In this Order—

“the 2001 Act” means the Government Resources and Accounts Act (Northern Ireland) 2001 (c. 6);

“resources” does not include accruing resources within the meaning of section 8(1) of the 2001 Act;

“statutory provision” has the same meaning as in section 1(f) of the Interpretation Act (Northern Ireland) 1954.

Issue of sum out of the Consolidated Fund for the year ending 31st March 2005 and appropriation of that sum

3.—(1) The Department of Finance and Personnel may issue out of the Consolidated Fund and apply to the service of the year ending 31st March 2005 the sum of £5,526,201,000.

(2) That sum is appropriated for the purposes specified in Schedule 1.

Use of resources (other than accruing resources) in year ending 31st March 2005

4.—(1) For the purposes of section 6(1) of the 2001 Act, this Article authorises the use of resources in the year ending 31st March 2005.

(2) The use of resources by—

(a)the Northern Ireland departments;

(b)the Northern Ireland Assembly;

(c)the Northern Ireland Audit Office;

(d)the Assembly Ombudsman for Northern Ireland and the Northern Ireland Commissioner for Complaints;

(e)the Northern Ireland Authority for Energy Regulation; and

(f)the Food Standards Agency,

in that year is authorised to the amount of £6,128,912,000.

(3) In that year, resources may be used by a Northern Ireland department or a body or person mentioned in paragraph (2) for the purposes specified in relation to that department, body or person in column 1 of Schedule 2 up to the amounts specified in the corresponding entries in column 2 of that Schedule.

Limit on use of accruing resources in year ending 31st March 2005

5.—(1) For the purposes of section 8(1) of the 2001 Act, this Article sets the relevant limits on the accruing resources that may be directed to be used for certain purposes in the year ending on 31st March 2005 in addition to resources authorised by this Order or any other statutory provision to be used for those purposes in that year.

(2) In that year accruing resources not exceeding the amount specified in column 3 of Schedule 2 may be directed to be used for the purposes specified in the corresponding entries in column 1 of that Schedule.

Power of the Department of Finance and Personnel to borrow

6.—(1) Subject to paragraph (2), the Department of Finance and Personnel may borrow on the credit of the sum specified in Article 3 any sum or sums not exceeding in the whole £2,763,101,000.

(2) Any money so borrowed shall be repaid, with any interest due thereon, out of the Consolidated Fund not later than 31st March 2005.

Resource excess for year ending 31st March 2002

7.—(1) This Article—

(a)authorises (for the purpose of section 6(1) of the 2001 Act) the use of resources by the Office for certain purposes in the year ending 31st March 2002; and

(b)increases the relevant limit (for the purpose of section 8(1) of that Act) on the accruing resources that may be directed to be used by the Office for those purposes in that year in addition to resources authorised by any other statutory provision to be used for those purposes in that year.

(2) In that year resources may be used by the Office for the purposes specified in Request for Resources A of that Office (as set out in column 1 of Schedule 2) up to the amount of £1,000

(3) In that year accruing resources not exceeding £11,844.71 may be directed to be used by the Office for those purposes.

(4) Those resources and accruing resources are additional to any resources or accruing resources authorised by or under any other statutory provision to be used for those purposes in that year.

(5) In this Article “the Office” means the Office of the First Minister and deputy First Minister.

Resource excess for year ending 31st March 2003

8.—(1) For the purpose of section 6(1) of the 2001 Act, this Article authorises the use of resources by certain Northern Ireland Departments to the amount of £4,485,817.56 in the year ending 31st March 2003.

(2) In that year resources may be used by—

(a)the Department of Agriculture and Rural Development for the purposes specified in Request for Resources B of that Department (as set out in column 1 of Schedule 2) up to the amount of £4,157,656.45,

(b)the Department of Enterprise, Trade and Investment for the purposes specified in Request for Resources B of that Department (as set out in column 1 of Schedule 2) up to the amount of £328,161.11.

(3) Those resources are additional to any resources authorised by or under any other statutory provision to be used for those purposes in that year.

Repeal of spent enactments

9.  The enactments mentioned in Schedule 3 are hereby repealed to the extent specified in the second column of that Schedule.

A. K. Galloway

Clerk of the Privy Council