89.—(1) Where, having taken into account the initial estimate or, as the case may be, the estimate, and any other relevant information available to it, it appears to the Department that the total amount likely to be payable out of the Board’s FPF in the year in question will exceed the total amount likely to be credited to the Board’s FPF in that year, it shall pay to the Board an amount equal to the likely deficit.
(2) Subject to paragraph (3), where, having taken into account any revised estimate and any other relevant information available to it, it appears to the Department that—
(a)the total amount likely to be payable out of the Board’s FPF in the year in question will exceed the total amount likely to be credited to the Board’s FPF in that year; and
(b)the likely deficit is more than—
(i)the amount paid or payable by it to the Board by virtue of paragraph (1) in relation to the relevant year; or
(ii)where no such amount was paid or payable by it, zero,
it may pay to the Board such amount as it thinks fit.
(3) The aggregate of the amounts paid to the Board under paragraphs (1) and (2) in relation to a particular year shall not exceed the Board’s likely deficit for that year.
(4) Where the Department pays an amount to the Board under paragraph (2), any amount paid or payable to it in relation to the year in question under article 90(1) shall not be payable and, if already paid, the Department shall repay it to the Board.
(5) An amount payable to the Board under paragraph (1) shall be paid in July in the year in question.
(6) Any amount payable or repayable by the Department to the Board under paragraph (2) or (4) shall be paid or repaid before the end of the year in question.