The Scotland Act 1998 (Transitory and Transitional Provisions) (Finance) Order 1999

General modification of enactments relating to Consolidated Fund etc.

14.—(1) The provisions of this article shall cease to apply when section 119 (modification of references to Consolidated Fund etc.) comes into force(1).

(2) In this article “Scottish functions” means–

(a) relevant functions;

(b) functions of the Lord Advocate; and

(c) functions of any public body, public office or holder of such an office which will become, by virtue of the 1998 Act, a Scottish public authority with mixed functions or no reserved functions.

(3) A provision of any enactment which requires or authorises the payment of any sum out of the Consolidated Fund or money provided by Parliament shall not apply in relation to any Scottish functions.

(4) A provision of any 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,

shall have effect in relation to any Scottish functions, and any function relating to the payment of the judicial salaries mentioned in paragraph (5) below, as if it provided instead for the sum to be charged on the Fund or required it to be paid out of the Fund without further approval or required or authorised it to be paid into the Fund (as the case may be).

(5) The judicial salaries are the salaries or remuneration of the judges of the Court of Session, Sheriffs Principal, Sheriffs, members of the Lands Tribunal for Scotland and the Chairman of the Scottish Land Court.

(6) Paragraphs (3) and (4) of this article do not apply to the words from the beginning of section 2(3) of the European Communities Act 1972(2) (general implementation of Treaties) to “such Community obligation”.

(7) A provision of any 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 instead it authorised those sums to be applied as if they had been paid out of the Fund in accordance with article 9(2)(c) of this Order.

(8) Paragraph (9) of this article applies to any sums which, for the purpose or as a result of the exercise on or after 1st April 1999 of the power conferred on the Secretary of State by section 84(2)(a) of the Local Government etc. (Scotland) Act 1994(3) (power to lend to new water and sewerage authorities), would be required (apart from that paragraph)–

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

(b) to be paid into that Fund.

(9) Those sums shall instead–

(a) be paid out of the Fund without further approval; or

(b) be paid into that Fund,

(as the case may be).

(10) References in any enactment to a body or authority whose revenue consists wholly or mainly of money provided by Parliament shall be read as including a body or authority whose revenue consists wholly or mainly of money paid out of the Fund.

(11) References in any enactment to an office the remuneration in respect of which is paid out of money provided by Parliament shall be read as including an office the remuneration in respect of which is paid out of the Fund.

(1)

In terms of article 2(1) of the Scotland Act 1998 (Commencement) Order 1998, section 119 comes into force on 1st July 1999.

(2)

1972 c. 68.

(3)

1994 c. 39.