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The Combined Police Area Amalgamation Schemes 1995 (Amendment) (Scotland) Order 2002

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Amendment of the Lothian and Borders Combined Police Area Amalgamation Scheme 1995

2.  The Lothian and Borders Combined Police Area Amalgamation Scheme 1995 is amended as follows:–

(a)in paragraph 5(3) omit “3 yearly”;

(b)in paragraph 6(3) at the beginning insert “Subject to sub-paragraph (4) below,”;

(c)in paragraph 7(2) for “next 3 yearly appointment of members of the board” substitute “next appointment of members of the board in terms of paragraph 5(3) of this scheme”; and

(d)in paragraph 12–

(i)in sub-paragraph (1) for “The expenditure of the board” substitute “The expenditure which the board estimates will be incurred”; and

(ii)after sub-paragraph (1) insert–

(1A) Subject to sub-paragraph (1B) below, the board may carry-forward from one financial year (the “carry-forward year”) to the next any money it receives from the constituent authorities under sub-paragraph (1) above which remains unspent at the end of the carry-forward year.

(1B) Any money carried forward under sub-paragraph (1A) above–

(a)in respect of the carry-forward year, shall not exceed three per cent. of the total of the money paid to the board by the constituent authorities in respect of the carry-forward year; and

(b)in the case mentioned in sub-paragraph (1C) below, shall be carried forward only with the consent of the Scottish Ministers.

(1C) The case referred to in sub-paragraph (1B) above is where–

(a)any money carried forward from previous carry-forward years–

(i)under sub-paragraph (1A) above; and

(ii)under section 32(10A) of the Act,

and remaining unspent at the end of the carry-forward year;

(b)the money carried forward under sub-paragraph (1A) above; and

(c)any money carried forward under section 32(10A) of the Act,

would, taken together, amount to more than the maximum sum mentioned in sub-paragraph (1D) below.

(1D) The maximum sum referred to in sub-paragraph (1C) above, in relation to a carry-forward year, means the amount equal to five per cent. of the sum of–

(a)the total amount of grant made under section 32 of the Act to the board in respect of that year; and

(b)the total amount of money paid to the board by the constituent authorities in respect of that year..

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