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Civil List Audit Act 1816

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Civil List Audit Act 1816

1816 CHAPTER 46

An Act for the better Regulation of the Civil Lift.

[20th June 1816]

WHEREAS an Act passed in the Twenty-second Year of the Reign of His present Majesty, intituled An Act for enabling His Majesty to discharge the Debt contracted upon His Civil Lift Revenues and for preventing the same from being in Arrear for the future, by regulating the. Mode of Payments out of the said Revenues; and by suppressing or regulating certain Offices therein mentioned, which are now paid out of the Revenues of the Civil Lift : And whereas an Act passed in the Twenty-third Year of the Reign of His present Majesty, intituled An Act for establishing certain Regulations in the Receipt of the Exchequer: And whereas an Act passed in Twenty-fifth Year of the Reign of His present Majesty, intituled An Act to authorize the Lord Steward of the Household, the Lord Chamberlain, the Master of the Horse, the Master of the Robes, and the Lords of the Treasury, respectively, to pay Bounties granted by His Majesty to Persons in low and indigent Circumstances : And whereas an Act passed in the Forty-fourth Year of the Reign of His present Majesty, intituled An Act for the better Support of His Majesty's Household, and of the Honour end Dignity of the "Crown of the United Kingdom, and for preventing Accumulation of Arrears in the Payments out of the Civil Lift Revenues : And whereas an Act passed in the Fifty-second Year of the Reign of His present Majesty, intituled An Act for granting to His Majesty a certain Sum for defraying the Expences incident to the Assumption of the Personal Exercise of the Royal Authority by His Royal Highness The Prince Regent, in the Name and on the Behalf of His Majesty : And whereas another Act passed in the Fifty-second Year of the Reign of His present Majesty, intituled An Act for the Regulation of His Majesty's Household, and for enabling Her Majesty the Queen to meet the increased Expence to which Her Majesty may be exposed during His Majesty's Indisposition,; and for the Care of His Majesty's Real and Personal Property; and to amend an Act of the last Session of Parliament, to provide for the Administration of the Royal Authority during His Majesty's lllnefs : And whereas the ordinary Revenues of the Civil Lift have for many Years part been found inadequate to defray the Charges thereon, and the Deficiency has been made good by the Application of the Funds arising from the Droits of the Crown, or other Extraordinary Resources, or by special Grants of Parliament: And whereas it is highly expedient that the ordinary Revenues of His Majesty's Civil Lift should be made adequate to the ordinary Charges thereon, and that several of the Charges which have heretofore been borne upon the Civil Lift Revenues should in future be made a Charge upon and be defrayed out of the Consolidated Fund of Great Britain, or otherwise provided for ; and it is also expedient that distinct and separate Appropriations should be made of certain Proportions of the Civil Lift Revenues, for the Payment of certain Charges comprised in the several Gaffes of the Civil Lift, and that further and more effectual Provision should be made for the Regulation and Controul of the Expenditure thereof; be it therefore enacted by the King's most Excellent Majesty, by arid with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That from and after the Fifth Day of April One thousand eight hundred and sixteen, the Payment of the several Allowances and Sums of Twelve thousand Pounds to His Royal Highness Frederick Duke of York, of Two thousand five hundred Pounds to His Royal Highness William Henry Duke of Clarence, and of Four thousand Pounds to each of Their Royal Highness the Princess Augusta Sophia, the Princess Elizabeth, the Princess Mary, and the Princess Sophia, heretofore granted by His Majesty, and charged upon the Civil Lift Revenues, shall cease and determine, and such Allowances and Sums of Money shall be no longer payable or paid out of the said Revenues ; but from and after the said Fifth Day of April One thousand eight hundred and sixteen, the said several Allowances and Sums of Money respectively shall be charged and chargeable upon and issuing and payable out of the Consolidated Fund of Great Britain, during the Joint Lives of His Majesty and Their said Royal Highness respectively, as to each of Their said respective Allowances and Sums aforesaid.

IIAllowances to the Royal Family to be paid at the Exchequer without Fee & Reward.

And be it further enacted, That the said several and respective Allowances, Sums of Money and Annuities as aforesaid, shall be issued and paid out of the said Consolidated Fund, after paying and reserving sufficient to pay all such Sums as shall have been directed to be paid out of the same by any Act or Acts of Parliament made and passed before the palling of this Act, and with Preference to all other Payments which shall or may at any Time after the passing of this Act be charged upon and payable out of the said Fund, and shall be paid and payable at the Receipt of His Majesty's Exchequer out of the said Fund, and the Auditor of the said Receipt shall and he is hereby required to make forth and pass Debentures from Time to Time for paying the said respective Sums, as the same shall become due and payable, without any Fees or Charges to be demanded or; taken for paying the same or any Part thereof; and the respective Acquittance or Acquittances, Receipt or Receipts of Their said Royal Highnesses respectively, as to each of the said Allowances, Sums of Money or Annuities aforesaid, or of such other Person or Persons as shall be by them respectively duly authorized and appointed to-receive their respective Allowances, Sums of Money or Annuities as aforesaid, or any Part' thereof, shall be good and sufficient Discharges for the Payment thereof respectively; and the said Debentures to be made forth and passed for carrying into Execution the Provisions of this Act shall be a sufficient Authority to the several and respective Officers of the Receipt of the Exchequer now and for the Time being, for the Payment of the said respective Sums of Money, without any further or other Warrant to be fued for, had or obtained in that Behalf; and that the said respective Sums of Money so to be paid, shall be free and clear from all Taxes, Rates, and Assessments, and all other Charges whatsoever. S

IIIums to be appropriated to the Payment of the respective Classes of the Civil Lift, and to be applied in the First Instance in Payment thereof in Preference to all other Payments.

And whereas an Estimate has been laid before Parliament, of the future annual Charges of the several Gaffes of His Majesty's Civil Lift, the Amount of which, for each Class respectively, is specified in the Schedule to this Act annexed 5 and it is expedient, for ensuring the regular Payment of the said Charges, arising in each Class respectively, that Appropriations should be made out of the Civil Lift Revenues, in the Manner herein-after directed ; be it therefore further enacted, That it shall be lawful for the Lord High Treasurer, or the Commissioners of the Treasury for the Time being, or any Three or more of them, and they are hereby required, at the Commencement of every Quarter, or within a Period not exceeding Thirty Days from the Commencement of each Quarter, by Warrant under their Hands, to direct what Sums shall respectively be set apart and appropriated, in the Receipt of His Majesty's Exchequer, out of the Quarterly Revenues of the Civil Lift, for the Purpose of defraying the several Charges upon the respective Gaffes thereof; but so as that the Sum to be appropriated to the Sixth Class do not exceed One-fourth Part of the estimated annual Amount of that Class, as specified in the Schedule to this Act annexed ; and so that the Sums to be appropriated to the other of the Gaffes in any One Quarter be equal to One-fourth Part of the estimated Amount of such Class, together with any Saving which may have accrued upon the said Class in the preceding Quarter ; and the several and respective Sums, in the said Warrant directed to be set apart and appropriated, shall be so set apart by the Auditor of the Receipt of His Majesty's Exchequer, and be appropriated to the respective Gaffes accordingly ; and each and every Sum so set apart and appropriated, shall in the First Instance be applied in the Payment of all the unsatisfied Charges of every Description of the Class in respect of which such Appropriation shall have been made, in Preference to any other Charges whatever upon His Majesty's Civil Lift Revenues ; and no Part thereof shall on any Account whatever be applied for any other Purpose, or in Aid of any other of the Gaffes of the Civil Lift, or of any other of the Charges thereon, except in the Manner herein-after provided ; any Thing contained in the said recited Act of the Twenty-second Year aforesaid, or any other Act or Acts of Parliament to the contrary notwithstanding ; but in case the actual Charge of any Class or Gaffes of the Civil Lift shall exceed the Sum which may have been appropriated thereto, then such Exceeding shall and may be issued out of any Money in the Exchequer arising from His Majesty's Civil Lift Revenues, which may not have been appropriated to any particular Class or Classes of the Civil Lift.

IVTreasury may direct the Savings in any Class to be applied at the End of the year, in Aid of the other Classes.

Provided always, and be it further enacted, That if any Saving or Surplus shall arise in any Quarter, in respect of any Money appropriated for defraying the Charges of any particular Class, so as that the Sum appropriated thereto shall be more than sufficient for the full and complete Payment of the Charges thereon, such Quarterly Saving or Surplus shall in every such Cafe be carried forward in the Exchequer to the Account and Credit, and be applied for the Purposes of the Oafs in which it shall have, arisen, until the Fifth Day of January in every Year; and in case such; Saving or Surplus remaining at that Time shall have arisen in the Third Class, then it shall be lawful for the Lord High Treasurer, or Commissioners of the Treasury for the Time being, or any Three or more of them, and they are hereby required, to direct the same to be carried to the Account of the said Consolidated Fund ; but in case and whenever any such Saving or Surplus remaining at the End of the Year shall have arisen in any other of the Gaffes of the Civil Lift, then it shall be lawful for the Lord High Treasurer or Commissioners of the Treasury for the Time being, or any Three or more of them, to direct the same to be applied in. Aid of the Charges or Expences of any other Class, or of any other Charge or Charges upon His Majesty's Civil Lift Revenues, in such Manner as may under the Circumstances appear to be most expedient.

VApplication of Exchequer Fees to be repealed, and a fixed Sum carried to the Civil Lift Revenue, and the Remainder to the Consolidated Fund.

And whereas it is expedient that the Income as well as the Charge, of His Majesty's Civil Lift Revenues should, as far as may be practicable, consist of such Sums as are fixed and certain in their Amount, and that so much of the said recited Act of the Twenty-third Year of the Reign of His present Majesty, as enacts, that the Commissioners of His Majesty's Treasury shall direct the Surplus of the Fees and Gratuities, specified in, the said Act, to be carried to the Account of the Monies applicable to the Use of His Majesty's Civil Government and to the Sinking Fund, in the Proportions in the said Act specified, should therefore be repealed; be it further enacted, That so much of the said Act as is above recited shall be and the same is hereby repealed ; and that from and after the passing of this. Act, there shall be applied to the Civil Lift Revenues, out of the Surplus, of such Fees and Gratuities, the Sum of Forty-eight thousand Pounds per Annum, by even and equal Quarterly Payments; and the Remainder of such Surplus shall go and be carried to the said Consolidated Fund.

VISo much of an Act of the 50 G.3 c.117 as directs the Deficiency of the Fee Funds of certain Offices to be paid out of the Civil Lift, repealed.

And whereas by an Act passed in the Fiftieth Tear of the Reign of His present Majesty, intituled An Act to direct that Accounts of Increase and Diminution of Public Salaries, Pensions, and Allowances, shall be annually laid before Parliament, and to regulate and controul the granting and paying of such Salaries, Pensions, and Allowances, it is provided, that when any Deficiency of the Fee Fund should be found in the Offices of the Principal Secretary of State, of the Council, and of the Treasury, the same should be made good out of the Civil Lift: And whereas it is expedient that the said Provision should be repealed, and that any Deficiency of the Fee Fund which may arise in any of those Offices should not hereafter be made good out of the Civil Lift, or be considered as forming any Part of the ordinary Charges thereof, but should be made good out of such other Funds as may be provided by Parliament; be it therefore further enacted, That so much of the said Act as is above recited, shall be and the same is hereby repealed ; and that from and after the passing of this Act, the Deficiency Of Fees which may be found in any of the said Offices shall not be considered as forming any Part of the ordinary Charges of the Civil Lift, but that the same shall be made good out of any Funds which may be granted by Parliament to discharge such Expences, of a civil Nature, as do not form a Part of the ordinary Charges of the Civil Lift,

VIITreasury to direct the Officers of the Exchequer to pay to Persons named in any Warrant, any Pension, Fee, or Salary which did not become due in consequence of the Death of the Person to whom the same was directed to be paid.

And whereas it may frequently happen that Pensions, Fees, and Salaries may be directed to be paid at the Exchequer, in Cafes where the Parties entitled to such Pensions, Fees, and Salaries, may have died previously to the Day up to which such Payments may have been directed, by. which the Money becomes appropriated in the Hands of the proper Officers of the Exchequer, and cannot be applied to any Purposes whatever without the Authority of Parliament: And whereas it is expedient that Authority should be given to the Lord High Treasurer, or Commissioners of His Majesty's Treasury, or any Three or more of them for the Time being, to authorize the proper Officers of the Exchequer, who may have been directed to pay, out of His Majesty's Civil Lift Revenues, any Sum or Sums to any Person or Persons, for any Pension, Fee, or Salary which did not become due or could not be paid in consequence of the Death of the Person to whom it was directed to be paid, to pay the said Sum to any other Person or Persons, for the Purpose of the same being again paid into the Exchequer, and applied if arising upon the Third Class of the Civil Lift, to the Account of the Consolidated Fund, and if arising in any-other of the Gaffes of the Civil Lift, .to the Account of His Majesty's Civil Lift Revenues ; be it therefore further enacted, That it shall and may be lawful for the Lord High Treasurer, or Commissioners of the Treasury, or any Three or more of them, and they are hereby authorized, from Time to Time, by Warrant under their Hand or Hands, to direct the proper Officers of the Exchequer to pay to any Person or Persons who may be named in the said Warrant, any Sum or Sums which may have been directed to be paid to any Person or Persons for any Pension, Fee, or Salary, but which did not become due or could not be paid in consequence of the Death of the Person or Persons to whom the same was directed to be paid before the Day up to which such Pension, Fee, or Salary, may have been directed to be paid; and the Sum or Sums which may be received under such Warrant or Warrants shall be repaid into the Exchequer, and applied, if arising upon the Third Class of the Civil Lift, to the Account of the Consolidated Fund, and if arising in any of the other Gaffes of the Civil Lift, to the Account of His Majesty's Civil Lift Revenues.

VIIITreasury may appoint an Officer to audit the Civil Lift Accounts; such Officer not to fit in Parliament.

And whereas it would effentially contribute to the Exercise of a due Economy in the different Branches of the Royal Household, by establishing a more effectual Superintendence over that Part of the Civil Lift which belongs to the Departments of the Lord Chamberlain, the Lord Steward, and the Master of the Horse, if an Officer were appointed specially for the Purpose of examining and auditing the Bills, Expences, and Accounts of those Departments respectively ; be it therefore enacted, That it shall be lawful for the Lord High Treasurer, or the Commissioners of His Majesty's Treasury for the Time being, or any Three or more of them, and they are hereby required, to appoint a proper Person, who shall be empowered and required to examine and audit all the Tradesmen's Bills, and the Accounts and Expences incurred or to be incurred in the Departments of the Lord Chamberlain, Lord Steward, and Master of the Horse, and to examine into all the Expenditure within those Departments during its Progress, and to report thereon to the Lord High Treasurer, or the Commissioners of His Majesty's Treasury for the Time being, so that the same may be, as far as may be practicable, in conformity to the previous Estimates thereof, as sanctioned and approved by the Lord High Treasurer, or the Commissioners of His Majesty's Treasury for the Time being, or any Three or more of them; and the said Officer in the Execution of the said Duty shall obey such Orders and Directions as he shall from Time to Time receive from the Lord High Treasurer, or Commissioners of His Majesty's Treasury for the Time being, or any Three or more of them; and it shall be lawful for the Lord High Treasurer, or the Commissioners of His Majesty's Treasury for the Time being, or any Three or more of them, to grant to such Officer, out of the Civil Lift Revenues, such Salary as His Majesty may think fit, not exceeding One thousand five hundred Pounds per Annum; and the said Officer, during the holding of the said Office, shall be and he is hereby declared to be incapable of being elected into or of fitting and voting in Parliament.

IXTreasury to prepare Instructions for the Guidance of such Officer.

And be it further enacted, That it shall be lawful for the Lord High Treasurer, or the Commissioners of His Majesty's Treasury for the Time being, or any Three or more of them, and they are hereby required, as soon as conveniently may be after the passing of this Act, to prepare a full and complete Code of Instructions for the Guidance of the Conduct of such Auditor in the Execution of his Duties as aforesaid ; and it shall be lawful for the Lord High Treasurer, or Commissioners of the Treasury for the Time being, or any Three or more of them, from Time to Time to alter and change such Code of Instructions, or to issue any additional Instructions for the Conduct of the said Officer, in such Manner as the Good of His Majesty's Service may from Time to Time appear to them to require f and such Officer for the Time being shall in all Cafes in the Execution of his Office govern himself in the Performance of his Duties therein by such Instructions, in like Manner in every respect as if the same had been inserted and made Part of this Act.

XOfficer may summon Persons, and require Books, Accounts, and Vouchers, and examine upon Oath.

And whereas it may be necessary that the said Officer, in the Execution of the Duty to be reposed in him, should be empowered to examine Persons upon Oath ; be it therefore further enacted, That it shall and may be lawful for the said Officer, by and with the Consent and Authority, in each particular Cafe, of the Lord High Treasurer, or Commissioners of the Treasury for the Time being, to be signified by One of the Secretaries of the Treasury, to call before him any of the Officers or Persons holding any Offices, Situations, or Places under the Lord Chamberlain, or under the Lord Steward, or under the Master of the Horse, and also any Persons not belonging to any or either of the said Departments, who may have supplied or furnished, or been concerned or employed in the supplying of. furnishing any Articles, Matters, and Things in or for the Use of either of the said Departments respectively, or who may be able, in the Judgment of the said Officer, to give any Information relating thereto, and to examine any such Person or Persons as aforesaid upon Oath, or Affirmation (if Quakers) which Oath or Affirmation such Officer is hereby authorized to administer, as to any such Accounts, Expences, or Charges, or any Matters or Things relating thereto, or as to any such Articles or Things so supplied or furnished as aforesaid, or touching and concerning any Matter or Thing necessary for the full, strict, and accurate Examination and Audit of any such Accounts or Expences or Charges ; and in case of the Failure by any Person to comply with any such the lawful Requisition of the said Officer, every such Person so refusing, if an Officer or Servant or Tradesman employed in any of the said Departments, .shall be dismissed from his Situation or Employment, and be incapable of being again employed as such Officer, Servant, or Tradesman in the Service of His Majesty ; and every such Person shall also be liable to the Payment of such Pine to His Majesty as the Court of Exchequer, on Application made to the said Court by the said Officer, or by His Majesty's Attorney General, shall think fit to set and impose, which Fine the said Court is hereby authorized and empowered to set and impose accordingly.

XIPenalty on Persons giving false Evidence before Auditor.

And be it further enacted, That in case any Person in the Course of any Examination upon Oath or Affirmation before any such Auditor under the Provisions of this Act, shall wilfully and corruptly give false Evidence, such Person so offending, and being thereof duly convicted, shall be and is hereby declared to be subject and liable so such Pains and Penalties as by any Law now in force Persons convicted of wilful and corrupt Perjury are subject and liable to.

XIIOfficer, after Examination, to make .out States according to Instructions.

And be it further enacted, That the Officer so to be appointed shall, after he has duly examined such Accounts and Vouchers as aforesaid, make up a State or States thereof, in such Manner and Form as shall be required by his Instructions in that Behalf, and deliver the same to the Lord High Treasurer, or Commissioners of His Majesty's Treasury for the Time being; and the said Lord High Treasurer, or the Commissioners of the Treasury for the Time being, or any Three or more of "them, are hereby authorized, if they shall fee fit, to direct any further Examination of the said Account, or to allow the same in case they shall be satisfied therewith ; and such Allowance, and a Warrant under His Majesty's Sign Manual issued in pursuance of such Allowance, shall be a full and final Discharge for and upon any such Account, to all Intents and Purposes, without any further or other Audit, Account, Allowance, or Discharge whatever ; any Thing contained in any Act or Ads of Parliament to the contrary notwithstanding.

XIIIIn case of Exceeding Particulars to be laid before Parliament.

And be it further enacted, That whenever the total Charge upon the Civil Lift, from the Fifth Day of January in any one Year, to the" Fifth Day of January in the succeeding Year, shall amount to more than One million one hundred thousand Pounds, an Account stating the Particulars of such Exceeding, and the Cause thereof, shall be submitted to Parliament within Thirty Days after the same shall have been ascertained, if Parliament shall be then fitting ; but if Parliament shall not be then fitting, then the said Account shall be presented within Thirty Days after the next Meeting of Parliament.

The Schedule to which this Act refersESTIMATE of the probable future Annual Charge on The Civil List

1st CLASSPensions and Allowances to The Royal Family298,000
2d CLASSAllowances to the Lord Chancellor, Judges, &e.32,955
3d CLASSAllowances to Foreign Ministers; including Pensions to Foreign Ministers, and Salaries to Consuls226,950
4th CLASSBills of His Majesty's Tradesmen209,000
5th CLASSSalaries to the Department of the Lord Chamberlain, Lord Steward, Master of the Horse, Master of the Robes, and Surveyor General of Works; including Compensation and Superannuation Allowances payable within those Departments140,700
6th CLASSPensions limited by Act 22 Geo. III. cap. 82.95,000
7th CLASSSalaries and Allowances to certain Officers and Persons41,300,
8th CLASSSalaries to the Commissioners of the Treasury, and Chancellor of the Exchequer13,822
Occasional, payments, not comprised in any of the foregoing Classes26,000
1,083,727

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