2004 No. 953
CONSTITUTIONAL LAW
DEVOLUTION, SCOTLAND

The Scotland Act 1998 (Designation of Receipts) Order 2004

Made
Laid before the House of Commons
Coming into force
The Treasury, in exercise of the powers conferred on them by section 64(5) and section 115 of, and schedule 7 to, the Scotland Act 19981, and all other powers enabling them in that behalf, and after consulting with the Scottish Ministers, hereby make the following Order:—

Citation and commencement1.

This Order may be cited as the Scotland Act 1998 (Designation of Receipts) Order 2004 and shall come into force on 20th April 2004.

Designated receipts2.

(1)

Receipts of any description specified in paragraph (2) below, so far as they are payable into the Scottish Consolidated Fund (or would be but for provision made by or under an Act of the Scottish Parliament), shall be designated receipts for the purposes of subsections (5) to (7) of section 64 of the Scotland Act 1998.

(2)

The specified descriptions of receipts are—

(a)

fines and forfeitures,

(b)

fixed penalties, other than fixed penalties paid in consequence of a notice under section 75(3) of the Road Traffic Offenders Act 19882 (issue of conditional offer) in respect of offences—

(i)

to which section 46(2) of the Local Government in Scotland Act 20033 (road traffic offences in relation to which the Scottish Ministers may provide funding) applies, and

(ii)

which were committed in the area of a local authority or joint police board in Scotland that has entered into an agreement with the Scottish Ministers in pursuance of which it receives payments under section 46(1) of that Act (power to provide funds for speed cameras etc.),

(c)

dividends on public dividend capital,

(d)

interest, other than interest on—

(i)

any loan that was provided by Scottish Homes under section 2(2) of the Housing (Scotland) Act 19884, and

(ii)

£1,555,554 of 6% Convertible Unsecured Loan Stock dated 23rd February 2001, held in Partnerships (UK) Limited, and

(e)

sums received from the European Social Fund in respect of training expenditure incurred by Scottish Enterprise and Highlands and Island Enterprise5.

Repeal3.

The Scotland Act 1998 (Designation of Receipts) Order 20006 is revoked.
Jim Murphy
John Heppell
Two of the Lords Commissioners of Her Majesty’s Treasury
(This note is not part of the Order)

This Order specifies the receipts of the Scottish Ministers and other office holders in the Scottish Administration that are to be designated receipts. Under the Scotland Act 1998 the Scottish Ministers must pay to the Secretary of State sums equal to the amount of the designated receipts. It revokes the Scotland Act 1998 (Designation of Receipts) Order 2000.