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9.—(1) In the documents that set up the system of management and control of the Operational Programme in accordance with the general principles laid down by Article 58, the Secretary of State shall make provision in relation to—
(a)payments by the Managing Authority of the Fund contribution;
(b)payments by the Agency from the Fund contribution; and
(c)the certification and audit of such payments.
(2) The documents referred to in paragraph (1) may include provision for—
(a)payment to the Agency of both instalments of the pre-financing amount for the Programme paid by the Commission in accordance with Article 82(1)(a);
(b)payments to global grant bodies;
(c)payments pursuant to a commitment;
(d)relations which the Agency has with the certifying authority and the audit authority; and
(e)relations which global grant bodies have with the Agency, the certifying authority and the audit authority.
(3) The amount of any payment to the Agency of the Fund contribution shall not be a resource of the Agency, and the expenditure by the Agency of that contribution shall be expenditure of the Fund and not expenditure of the Agency.
(4) Section 5 of the 1998 Act (powers) shall apply in relation to the exercise of the intermediate body functions as if the requirement in subsection (2) for the Secretary of State to consent to the giving of financial assistance were omitted.
(5) In this regulation—
(a)“the audit authority” means the authority designated for the Operational Programme under Article 59(1)(c); and
(b)“the certifying authority” means the authority designated for the Operational Programme under Article 59(1)(b).
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
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