The Budget (Scotland) Act 2004 Amendment (No. 2) Order 2004

Explanatory Note

(This note is not part of the Order)

This Order amends the Budget (Scotland) Act 2004 (“the 2004 Act”), which makes provision, for financial year 2004/05, for the use of resources by the Scottish Administration and certain bodies whose expenditure is payable out of the Scottish Consolidated Fund, for authorising the use of resources, and for limits on the capital expenditure of and borrowing of local authorities and certain other public bodies.

The 2004 Act was previously amended by the Budget (Scotland) Act 2004 Amendment Order 2004 (S.I. 2004/290).

In particular, this Order further amends the 2004 Act so as to–

(a) alter the overall cash authorisations in respect of all the bodies referred to in section of the 2004 Act (article 2(2));

(b) restate the purposes for which resources may be used in accordance with section 1 of and schedule 1 to the 2004 Act (article (3)(a)(i) to (iii));

(c) restate the amount of resources other than accruing resources that may be used for the 11 purposes set out in schedule to the 2004 Act (article 2(3)(b)(i) to (xi));

(d) restate the amounts of accruing resources in schedule 1 to the 2004 Act in respect of the first, third and eleventh type of accruing resources (article 2(3)(c)(i) to (iii));

(e) add a type of accruing resource and corresponding purpose in Part 2 of schedule 2 which may be used by the Scottish Executive Development Department (article 2(4)(a)) and add a new type of accruing resource in Part 11 of that schedule which may be used by the Crown and the Office of the Procurator Fiscal Service (article 2(4)(i)(i));

(f) alter the overall amounts of accruing resources in Parts 2, 3, 5, 6, 7, 8, 10 and 11 which may be used by the bodies referred to therein without individual limit (article 2(4));

(g) alter in schedule 3 the amount of resources other than accruing resources which the four directly funded bodies referred to therein may use for the purposes specified (article (5));

(h) alter in schedule 4 the amount of the accruing resources in respect of the Food Standards Agency, the Scottish Parliamentary Corporate Body and Audit Scotland which may be used without individual limit (article 2(6)(a) to (c));

(i) alter in schedule 5 the amount of borrowing in respect of Scottish Water (article 2(7)).