Part V Property and Finance

Finance and accounts

85AF1 Financial duties of bodies referred to in section 85.

C1C2C3C41

It is the duty of each such body as is referred to in section F285AA(1) or 85(1), in respect of each financial year, so to perform their functions as to secure that the expenditure attributable to the performance of their functions in that year does not exceed the aggregate of—

a

the amounts allotted to that body for that year under section F285AA(1) or 85(1) F3and, as the case may be, section F485AA(3);

b

any other sums received under this Act in that year by that body; and

c

any sums received otherwise than under this Act in that year by that body for the purposes of enabling them to defray any such expenditure.

F101A

References to “functions” in subsection (1) are, in the application of that subsection to HIS, to be construed as references to HIS's health service functions only.

2

F5Subsection (9) of section 85AA shall apply for the purposes of this section as it applies for the purposes of that section.

C1C2C3C53

The Secretary of State may give such directions to a body referred to in section F685AA(1) or 85(1) as appear to him to be requisite to secure that the body comply with the duty imposed on them by subsection (1) and it shall be the duty of the body to comply with the directions.

Directions under this subsection may be specific in character.

C2C34

To the extent to which—

a

any expenditure of a Health Board F11, HIS or a local health council is defrayed by that body as trustee; or

b

any sums are received by such a body as trustee or under section 84A,

that expenditure and, subject to subsection (5), those sums shall be disregarded for the purposes of this section, and, for those purposes, sums which, in the hands of such a body, cease to be trust funds and become applicable by the body otherwise than as trustee shall be treated, on their becoming so applicable, as having been received by the body otherwise than as trustee.

5

Of the sums received by a body under section 84A so much only as accrues to the body after defraying any expenses incurred in obtaining them shall be disregarded under subsection (4).

6

Subject to subsection (4), the Secretary of State may, by directions, determine—

a

whether sums of a description specified in the directions are or are not to be treated for the purposes of this section as being receivable under this Act by a body of a description so specified;

b

whether expenditure of a description specified in the directions is or is not to be treated for the purposes of this section as being attributable to the performance of functions by a body of a description so specified; or

c

the extent to which and the circumstances in which sums received but not yet spent by a body under section F785AA(1) 85(1) F8, or, as the case may be, section F985AA(3) are to be treated for the purposes of this section as part of the expenditure of the body and to which financial year’s expenditure they are to be attributed.