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Scotland Act 1998

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This is the original version (as it was originally enacted).

119Consolidated Fund etc

This section has no associated Explanatory Notes

(1)In this section “Scottish functions” means—

(a)functions of the Scottish Ministers, the First Minister or the Lord Advocate which are exercisable within devolved competence,

(b)functions of any Scottish public authority with mixed functions or no reserved functions.

(2)Subject to subsections (3) and (5), a provision of a pre-commencement enactment which—

(a)requires or authorises the payment of any sum out of the Consolidated Fund or money provided by Parliament, or

(b)requires or authorises the payment of any sum into the Consolidated Fund,

shall cease to have effect in relation to any Scottish functions.

(3)A provision of a pre-commencement enactment which—

(a)charges any sum on the Consolidated Fund,

(b)requires the payment of any sum out of the Consolidated Fund without further appropriation, or

(c)requires or authorises the payment of any sum into the Consolidated Fund by a person other than a Minister of the Crown,

shall have effect in relation to any Scottish functions as if it provided for the sum to be charged on the Scottish Consolidated Fund or required it to be paid out of that Fund without further approval or required or authorised it to be paid into that Fund (as the case may be).

(4)Subsections (2) and (3) do not apply to the words from the beginning of section 2(3) of the [1972 c. 68.] European Communities Act 1972 (general implementation of Treaties) to “such Community obligation”.

(5)A provision of a pre-commencement enactment which authorises any sums to be applied as money provided by Parliament instead of being paid into the Consolidated Fund shall have effect in relation to any Scottish functions as if it authorised those sums to be applied as if they had been paid out of the Scottish Consolidated Fund in accordance with rules under section 65(1)(c) instead of being paid into that Fund.

(6)Where a power to lend money under a pre-commencement enactment is exercisable by the Scottish Ministers, subsection (7) applies to any sums which, for the purpose or as the result of the exercise of the power, would be required (apart from that subsection)—

(a)to be issued by the Treasury out of the National Loans Fund, or

(b)to be paid into that Fund.

(7)Those sums shall instead—

(a)be paid out of the Scottish Consolidated Fund without further approval, or

(b)be paid into that Fund,

(as the case may be).

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