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Commencement Orders bringing legislation that affects this Act into force:
(1)Subject to the following provisions of this section, the Secretary of State shall for the financial year 1997-98 and for each subsequent financial year make grants out of money provided by Parliament for police purposes to police authorities and joint police boards.
(2)Where a grant is made under subsection (1) above to a joint police board, no grant under that subsection shall be payable to a constituent authority.
(3)For each financial year the [F2Scottish Ministers shall]] by order determine—
(a)the aggregate amount of grants to be made under subsection (1) above; and
(b)the amount of the grant to be made to each police authority or joint police board,
and any determination under this subsection for any financial year may be varied or revoked by a subsequent such determination for that year.
(4)In making a determination under subsection (3)(b) above, the Secretary of State may exclude certain categories of expenditure for police purposes from a grant made under subsection (1) above.
(5)A grant made to a police authority or to a joint police board by virtue of an order made under subsection (3) above may be subject to such conditions and shall be paid at such times and in such manner as the [F3Scottish Ministers may] by order determine; and any such time may fall within or after the financial year concerned.
(6)The Secretary of State shall prepare a report stating the considerations which he took into account in making the determinations mentioned in subsection (3) above.
(7)The considerations which the Secretary of State takes into account in making a determination under subsection (3)(b) above may be different for different authorities or different joint police boards.
(8)A statutory instrument containing an order made under subsection (3) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(9)A copy of a report prepared under subsection (6) above shall be laid before each House of Parliament at the time at which the statutory instrument containing the order made under subsection (3) above to which it relates is so laid.
(10)Where in consequence of the variation or revocation of an order made under subsection (3) above the amount of a police authority’s or a joint police board’s grant is less than the amount already paid to it for the year concerned, a sum equal to the difference shall [F4, subject to subsection (10K) below,] be paid by the authority or, as the case may be, board to the Secretary of State on such day as he may specify.
[F5(10A)Where, at the end of the financial year, any part of police grant made to the police authority or joint police board under this section for that financial year has not been spent, the authority or board may, subject to subsections (10B) and (10C) below, carry forward from one financial year (the “carry-forward year”) to the next the sum unspent.
(10B)In respect of any financial year, the police authority or joint police board shall carry forward no more than three per cent. of the police grant made to that authority or board in respect of that financial year.
(10C)In the cases mentioned in subsections (10D) and (10E) below, grant may be carried forward as mentioned in subsection (10A) above only with the consent of the Scottish Ministers.
(10D)The case is where, in relation to a police authority—
(a)any sums previously carried forward under subsection (10A) above and remaining unspent at the end of the carry-forward year; and
(b)the sum carried forward,
would, taken together, amount to more than the maximum sum.
(10E)The case is where, in relation to a joint police board—
(a)any sums previously carried forward—
(i)under subsection (10A) above; and
(ii)by virtue of arrangements such as are mentioned in section 19(2)(e) of this Act,
and remaining unspent at the end of the carry-forward year;
(b)the sum carried forward under that subsection; and
(c)any money carried forward by virtue of arrangements such as are mentioned in that section,
would, taken together, amount to more than the maximum sum.
(10F)The “maximum sum”, in relation to a carry-forward year, means—
(a)in subsection (10D) above, the amount equal to five per cent. of the total amount of grant made under this section to the police authority in respect of that year; and
(b)in subsection (10E) above, the amount equal to five per cent. of the sum of—
(i)the total amount of grant made under this section to the joint police board in respect of that year; and
(ii)the total amount of money paid to the board by virtue of section 19(2)(d) of this Act by the constituent authorities in respect of that year.
(10G)The Scottish Ministers may, by order, substitute for the percentage mentioned in—
(a)subsection (10B) above; or
(b)paragraph (a) or (b) of subsection (10F) above,
such other percentage as they think fit.
(10H)An order under subsection (10G) above shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of the Scottish Parliament.
(10J)Subsection (10A) above is not to be taken as preventing the carrying forward of any sum, being a sum already carried forward to a financial year under that subsection and remaining unspent at the end of that year, from that year to the next year and, if it remains unspent at the end of that next year, to the following year, and so on.
(10K)In a financial year in respect of which subsection (10) above applies, the sum to be paid to the Scottish Ministers by the police authority or joint police board under subsection (10) above shall be the balance, if any, of the sum payable under subsection (10) less the sum carried forward in respect of that financial year under subsection (10A).]
(11)In this section “financial year” has the meaning assigned to it by section 116 of the M1Local Government Finance Act 1992.
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