Part III Administration and Finance

Finance, accounts and annual report

41 Forestry Fund.

F41

The Forestry Fund constituted under section 8 of the Forestry Act 1919 shall be wound up and any balance in the Forestry Fund shall be paid to the Forestry Commissioners.

2

Subject to subsection (4) below, the following shall be paid out of money provided by Parliament–

a

the salaries of the Forestry Commissioners and the salaries or remuneration of the officers and servants of the Commissioners;

b

all expenses incurred by the Commissioners in the exercise of their powers and the performance of their duties under–

i

this Act; and

ii

the Plant Health Act 1967,

including the payment of allowances to the members of any Committee maintained by them under this Act;

c

any administrative expenses of the Minister under Part II of this Act (including sums required for the payment of remuneration to the members of any committee appointed by him in pursuance of section 27);

d

all capital payments made by the Minister in acquiring land under section 39 above and any expenses incurred by him in managing such land and any rent or other outgoings payable in respect of such land.

3

Subject to subsection (4A) below, there shall be paid into the Consolidated Fund–

a

all sums received by the Commissioners in respect of the sale of timber or otherwise received by them in respect of transactions carried out by them in exercise of their powers and duties under this Act;

b

any capital sum received by the Minister from the sale, lease or exchange of land acquired by him under section 39 above and all sums received by him from the letting or use of such land; and

c

all sums received by the Commissioners in respect of the exercise of their powers and duties under the Plant Health Act 1967.

4

There shall be payable out of the Scottish Consolidated Fund–

a

all expenditure of a description specified in paragraph (a) or (b)(i) of subsection (2) above incurred by the Commissioners as regards Scotland; and

b

all expenditure incurred by the Commissioners in the exercise of their functions under the Countryside (Scotland) Act 1967 F5.

4A

Subject to any provision made by or under an Act of the Scottish Parliament for the disposal of or accounting for sums received, there shall be paid into the Scottish Consolidated Fund–

a

all sums received by the Commissioners of a description specified in subsection (3)(a) above as regards Scotland; and

b

all sums received by the Commissioners in the exercise of their functions under the Countryside (Scotland) Act 1967.

5

The Commissioners may accept any gift made to them for all or any purposes of this Act and, subject to the terms thereof, may apply it for those purposes in accordance with regulations made by them.

F66

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7

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F142. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

43 Satisfaction of certain contingent liability to Crown Estate.

1

If the Minister sells land which was transferred to him, or to any predecessor of his, or to the Commissioners, under section 1(1)(a) of the M1Forestry (Transfer of Woods) Act 1923 to an amount exceeding F22 hectares at any one time, then if the sum determined under section 3 of the said Act of 1923 as the amount contingently payable by way of compensation for the transfer of rights and interests of the Crown has not been fully paid or satisfied,—

a

the net proceeds of sale, or the portion necessary to satisfy the said sum, shall be paid by the Minister to the Crown Estate Commissioners and shall form part of the Crown Estate; and

b

the payment shall be treated as satisfying a part of that sum equal to the gross proceeds of sale or the corresponding portion of them.

2

In the event of the hereditary revenues which are by section 1 of the M2Civil List Act 1952 directed to be carried to and made part of the Consolidated Fund ceasing at any time, whether during the present or any subsequent reign, to be carried to and made part of that Fund, there shall be paid out of the Fund to the Crown Estate Commissioners all such amounts as immediately before the commencement of this Act remained outstanding as compensation due to the Crown under section 3 of the said Act of 1923, reduced by the amount of any payments made since that commencement to the Crown Estate Commissioners pursuant to subsection (1) above or to the corresponding provision in section 8(1) of the M3Crown Estate Act 1961.

F344. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F845

1

The Commissioners shall, on such day and in such form as the Scottish Ministers may direct, submit to the Scottish Ministers an annual report and accounts as to their proceedings under this Act as regards Scotland and the Scottish Ministers shall lay the report and accounts before the Scottish Parliament.

2

The annual report and accounts referred to in subsection (1) above shall be audited by the Auditor General for Scotland or by persons appointed by him.

3

The Commissioners shall, on such day and in such form as the Ministers may direct, submit to the Ministers an annual report and accounts as to their proceedings under this Act other than such proceedings as regards Scotland and the Ministers shall lay the report and accounts before Parliament.

4

Section 88(3) of the Scotland Act 1998 shall not apply in relation to the Commissioners.