Budget (Scotland) Act 2000

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Budget (Scotland) Act 2000

Budget (Scotland) Act 2000 (2000 asp 2)

PART 1 FINANCIAL YEAR 2000/01

The Scottish Consolidated Fund

1 The Scottish Administration

(1) The amounts specified in column 2 of schedule 1 are the maximum amounts which may, in financial year 2000/01, be paid out of the Scottish Consolidated Fund (“the Fund”) under section 65(1)(c) and (2)(a) of the Scotland Act 1998 (c.46) (“the 1998 Act”) for the purposes specified in the corresponding entries in column 1.

(2) Receipts of the types specified in column 3 of schedule 1 may, in financial year 2000/01, be applied for the purposes specified in the corresponding entries in column 1 up to the amounts specified in column 4 instead of being paid into the Fund.

(3) Receipts of office-holders in the Scottish Administration which are of the types specified in column 1 of each Part of schedule 2 may, in financial year 2000/01, be applied for the purposes specified in the corresponding entries in column 2 up to the overall amount specified at the end of that Part instead of being paid into the Fund.

(4) Such receipts may be so applied only through the part of the Scottish Administration through which they are received.

(5) The Parts of that schedule set out the types of receipt, purposes and overall amounts by reference to the parts of the Scottish Administration through which the receipts are received and may be applied.

2 Direct-funded bodies

(1) The amounts specified in column 2 of schedule 3 are the maximum amounts which may, in financial year 2000/01, be paid out of the Fund under section 65(1)(c) and (2)(b) of the 1998 Act for the purposes specified in the corresponding entries in column 1.

(2) Receipts of the types specified in column 3 of schedule 3 may, in financial year 2000/01, be applied for the purposes specified in the corresponding entries in column 1 up to the amounts specified in column 4 instead of being paid into the Fund.

(3) Receipts of the types specified in column 1 of each Part of schedule 4 may, in financial year 2000/01, be applied for the purposes specified in the corresponding entries in column 2 up to the overall amount specified at the end of that Part instead of being paid into the Fund.

(4) The Parts of that schedule set out the types of receipt, purposes and overall amounts by reference to the bodies in respect of which sums may be paid out of the Fund in pursuance of subsection (1).

3 Contingencies: payments out of the Fund

(1) This section applies where, in financial year 2000/01, it is proposed to pay a sum out of the Fund under section 65(1)(c) of the 1998 Act other than in accordance with section 4 of the Public Finance and Accountability (Scotland) Act 2000 (asp 1) (“the 2000 Act”).

(2) The sum may be paid out of the Fund only if its payment is authorised by the Scottish Ministers.

(3) The Scottish Ministers may authorise payment only if they consider that—

(a) the payment is necessarily required in the public interest to meet urgent expenditure for a purpose falling within section 65(2) of the 1998 Act, and

(b) it is not reasonably practicable, for reasons of urgency, for the requirements of section 4 of the 2000 Act in relation to the sum to be satisfied by a Budget Act.

(4) But the Scottish Ministers must not authorise payment of the sum if it would result in an excess of sums paid out of the Fund over sums paid into the Fund.

(5) The aggregate amount of the sums which the Scottish Ministers may authorise to be paid out of the Fund under this section must not exceed £50 million.

(6) Where the Scottish Ministers authorise a payment under this section they must, as soon as possible, lay before the Parliament a report setting out the circumstances of the authorisation and why they considered it to be necessary.

Capital expenditure of, and borrowing by, certain statutory bodies

4 Capital expenditure of, and borrowing by, certain statutory bodies

(1) The amount specified for financial year 2000/01 for the purposes of section 94(5) of the Local Government (Scotland) Act 1973 (c.65) (relevant expenditure arising from capital expenses of local authorities etc.) is £626,568,000.

[F1] Words in s. 4(1) substituted (7.3.2001) by S.S.I. 2001/68, art. 2(2)

(2) In schedule 5, the amounts set out in column 2 are the amounts specified for financial year 2000/01 for the purposes of the enactments listed in the corresponding entries in column 1 (which make provision as to the net borrowing of the bodies mentioned in that column).

PART 2 FINANCIAL YEAR 2001/02

[F2] Pt. 2 (s. 5) repealed (15.3.2001) by 2001 asp 4, s. 8

5 Emergency arrangements

(1) This section applies if, at the beginning of financial year 2001/02, payments in that year out of the Fund under section 65(1)(c) of the 1998 Act have not been authorised by any enactment.

(2) Until there is in force a Budget Act providing such authorisation—

(a) any purpose for which payments out of the Fund are authorised to be made by this Act for financial year 2000/01 shall be taken to be a purpose for which payments out of the Fund are authorised to be made in financial year 2001/02, and

(b) the maximum amount which may, in each calendar month of financial year 2001/02, be paid out of the Fund for any purpose must not exceed whichever is the greater of—

(i) one-twelfth of the maximum amount authorised by this Act to be paid out for that purpose in financial year 2000/01, and

(ii) the amount paid out of the Fund for that purpose in the corresponding calendar month of that financial year,

and section 4 of the 2000 Act has effect accordingly.

(3) Subsection (2) is subject to any provision made by Budget Act for financial year 2001/02.

PART 3 MISCELLANEOUS AND SUPPLEMENTARY

Budget revisions

6 Amendment of this Act

(1) The Scottish Ministers may by order made by statutory instrument amend—

(a) the amount specified in section 4(1),

(b) schedules 1 to 4,

(2) No order may be made under subsection (1) unless a draft of it has been laid before, and approved by resolution of, the Parliament.

Supplementary

7 Interpretation

(1) In this Act—

“the Fund” means the Scottish Consolidated Fund,

“the 1998 Act” means the Scotland Act 1998 (c.46),

“the 2000 Act” means the Public Finance and Accountability (Scotland) Act 2000 (asp 1),

(2) Expressions used in this Act and in the 2000 Act have the same meanings in this Act as they have in that Act.

8 Short title

This Act may be cited as the Budget (Scotland) Act 2000.

SCHEDULE 1 THE SCOTTISH ADMINISTRATION

Purpose	Amount	Type of receipt	Amount which may be applied
1. For expenditure of the Scottish Ministers (through the Scottish Executive Rural Affairs Department) on market support; support for agriculture in special areas including crofting communities; structural measures, agri-environmental and farm woodland measures; compen-sation to sheep producers; animal health; agricultural education; advisory, research and development services; botanical and scientific services; assistance to production, marketing and processing; administration, land management and other agricultural services; assistance to the Scottish fisheries sector; fishery protection; other services including fisheries research and development and special services; natural heritage; environment protection; rural affairs; flood prevention; coastal protection; air quality monitoring; loans to new water and sewerage authorities and other water grants	£534,710,000	Sale of surplus land, buildings and equipment; sale of holdings to existing tenants; repayment of non-voted loans by new water and sewerage authorities	£53,034,000
2. For expenditure of the Scottish Ministers (through the Scottish Executive Development Department) on revenue support grants and payment of non-domestic rates in Scotland; special grants relating to council tax and spend-to-save scheme; housing subsidies; financial support for Scottish Homes; new housing partnerships; sponsorship of Energy Action Scotland; other expenditure, contributions and grants relating to housing; other central and environmental services, including flood and storm emergencies; special financial assistance for Dunblane; sites for travelling people; residual grants to housing associations; roads and certain associated services, including the acquisition of land, lighting and road safety; assistance to local transport; support for transport services in the highlands and islands; piers and harbours; grant aid to British Waterways Board in respect of Scotland’s inland waterways; funding for most of the rail services in Scotland; other rail grants; certain other transport services and grants; grants for the Social Inclusion Partnership Fund and other services; other urban regeneration initiatives; expenditure relating to the privatisation of the Scottish Bus Group and Highlands and Islands Airports Limited; grants to local authorities forming part of the Strathclyde Passenger Transport Area; other sundry services in connection with the environment; grants to voluntary organisations; European Regional Development Fund and European Social Fund grants to public corporations, non-departmental public bodies, local authorities and other bodies and organisations	£6,138,588,000	Sale of property, land and equip-ment; repayment of loans; recover-able VAT and European Region-al Development Fund grants	£71,586,000
3. For expenditure of the Scottish Ministers (through the Scottish Executive Education Department) on schools; pre-school education; childcare; associated social work services; educational development; research and promotion; training and development of teachers; curriculum development; international and other educational services, including support for School Boards, training, research and educational technology; sport; community education; support for the cultural heritage of Scotland, including the Gaelic language; arts, libraries, museums and galleries, including purchase grants; cultural and scientific activities and organisations; historic buildings and monuments (including administration); publicity; indemnities; administration; central government grants to non-departmental public bodies and local authorities; pensions, allowances, gratuities etc. payable in respect of the teachers’ and NHS pension schemes; running and capital costs of the Scottish Public Pensions Agency	£955,131,000	Recoverable VAT	£1,300,000
4. For expenditure of the Scottish Ministers (through the Scottish Executive Enterprise and Lifelong Learning Department) on grant in aid for the Scottish Higher Education Funding Council, the Scottish Further Education Funding Council, Scottish Enterprise, Highlands and Islands Enterprise and the Scottish Tourist Board; funding for the Student Awards Agency for Scotland; careers guidance; departmental invest-ment assistance grants and sundry enterprise and lifelong learning related activities	£2,092,832,000	Repayment of student loans; repayment of voted loans (capital) by Scottish Enter-prise; refunds of grants made by the Scottish Tourist Board; recovery of Sector Challenge funding to the Scottish Tourist Board; refunds of grants for Region-al Selective Assist-ance, Regional Development and Regional Enter-prise	£24,713,000
5. For expenditure of the Scottish Ministers (through the Scottish Executive Health Department) on hospital and community health services, including the clinical negligence and other risks scheme; family health services; community care, including grants to local authorities; grants to voluntary organisations; welfare food; the Scottish Drugs Challenge Fund; other services provided under the National Health Service in Scotland	£4,915,993,000	Sale of land, buildings, vehicles, equip-ment and property	£14,100,000
6. For expenditure of the Scottish Ministers (through the Scottish Executive Justice Department) on legal aid (including administration); criminal injuries compensation (including adminis-tration); certain services relating to crime including the Parole Board for Scotland; the Scottish Prison Service; the Scottish Prisons Complaints Commission; the Scottish Criminal Cases Review Commission; police services (including grants to local authorities) and superannuation of police on secondment; costs associated with the holding of criminal justice proceedings in a third country (the Lockerbie trial); fire services (including Scottish Fire Service Training School and superannuation); civil defence (including grants); invest to save budget and other protective and miscellaneous services; criminal justice, social work services and victim issues including probation and supervised attendance orders; grants to voluntary organisations; court services; the Scottish Law Commission; certain legal services; costs and fees in connection with legal proceedings	£972,594,000	Sale of police vehicles; sale of prison land, buildings, staff quarters, vehicles, equipment and property	£2,761,000
7. For expenditure of the Scottish Ministers on administrative costs and operational costs; costs of administration of the Scottish courts; administrative costs of the Scottish Law Commission; costs of providing continuing services to the Scottish Parliament; the Mental Welfare Commission for Scotland; costs associated with the functions of the Queen’s Printer for Scotland	£191,651,000	Capital receipts from sale of surplus assets	£63,000
8. For expenditure of the Scottish Ministers (through the Scottish Executive Secretariat) on grants to voluntary organisations and other costs associated with the voluntary sector; expenditure relating to equalities issues; grants to the Civic Forum ;expenditure in connection with external relations initiatives	£8,334,000
9. For expenditure of the Registrar General of Births, Deaths and Marriages for Scotland (through the General Register Office for Scotland) on administrative costs and operational costs	£12,133,000
10. For expenditure of the Scottish Ministers and the Keeper of the Records of Scotland (through the National Archives of Scotland) on administrative costs; acquiring record material; support for the Scottish and European Archive Network; The Acts of Parliament; conservation grants to local archives; grant to the Business Archives Council of Scotland	£6,659,000	Receipts from sale of surplus assets	£20,000
11. For expenditure of the Lord Advocate (through the Crown Office) and the Procurator Fiscal Service on administrative costs, including fees paid to temporary procurators fiscal, witness expenses and other costs associated with Crown prosecutions; costs of holding criminal justice proceedings in a third country (Lockerbie Trial); . . .	£57,785,000

[F3] Amounts in Sch. 1 substituted (7.3.2001) by S.S.I. 2001/68, art. 2(3)(b), Sch. 1

[F4] Words in Sch. 1 entry number 2 inserted (4.9.2000) by S.S.I. 2000/307, art. 2(2)

[F3] Amounts in Sch. 1 substituted (7.3.2001) by S.S.I. 2001/68, art. 2(3)(b), Sch. 1

[F5] Amounts in Sch. 1 substituted (12.1.2001) by S.S.I. 2001/7, art. 2(3)(b), Sch. 1

[F3] Amounts in Sch. 1 substituted (7.3.2001) by S.S.I. 2001/68, art. 2(3)(b), Sch. 1

[F6] Words in Sch. 1 entry number 8 added (12.1.2001) by S.S.I. 2001/7, art. 2(3)(a)

[F5] Amounts in Sch. 1 substituted (12.1.2001) by S.S.I. 2001/7, art. 2(3)(b), Sch. 1

[F7] Words in Sch. 1 entry number 11 omitted (7.3.2001) by virtue of S.S.I. 2001/68, art. 2(3)(a)

[F3] Amounts in Sch. 1 substituted (7.3.2001) by S.S.I. 2001/68, art. 2(3)(b), Sch. 1

SCHEDULE 2 RECEIPTS OF THE SCOTTISH ADMINISTRATION APPLICABLE WITHOUT INDIVIDUAL LIMIT

PART 1 SCOTTISH EXECUTIVE RURAL AFFAIRS DEPARTMENT

Overall amount: £430,000,000

PART 2 SCOTTISH EXECUTIVE DEVELOPMENT DEPARTMENT

Overall amount: £150,000,000

[F8] Entry in Sch. 2 Pt. 2 inserted (4.9.2000) by S.S.I. 2000/307, art. 2(3)

PART 3 SCOTTISH EXECUTIVE EDUCATION DEPARTMENT

Overall amount: £500,000,000

[F9] Words in Sch. 2 Pt. 3 inserted (12.1.2001) by S.S.I. 2001/7, art. 2(4)(a)

PART 4 SCOTTISH EXECUTIVE ENTERPRISE AND LIFELONG LEARNING DEPARTMENT

Overall amount: £5,000,000

PART 5 SCOTTISH EXECUTIVE HEALTH DEPARTMENT

Overall amount: £970,000,000

[F10] Words in entry number 1 in Sch. 2 Pt. 5 added (12.1.2001) by S.S.I. 2001/7, art. 2(4)(b)

PART 6 SCOTTISH EXECUTIVE JUSTICE DEPARTMENT

Overall amount: £30,000,000

PART 7 SCOTTISH EXECUTIVE (ADMINISTRATION)

Overall amount: £20,000,000

[F11] Entry in Sch. 2 Pt. 7 substituted (12.1.2001) by S.S.I. 2001/7, art. 2(4)(c)(i)

[F12] Entry in Sch. 2 Pt. 7 inserted (4.9.2000) by S.S.I. 2000/307, art. 2(4)

[F13] Words in Sch. 2 Pt. 7 substituted (12.1.2001) by S.S.I. 2001/7, art. 2(4)(c)(ii)

PART 8 SCOTTISH EXECUTIVE SECRETARIAT

Overall amount: £10,000

PART 9 REGISTRAR GENERAL OF BIRTHS, DEATHS AND MARRIAGES FOR SCOTLAND

Overall amount: £2,800,000

[F14] Words in Sch. 2 Pt. 9 added (12.1.2001) by S.S.I. 2001/7, art. 2(4)(d)

PART 10 KEEPER OF THE RECORDS OF SCOTLAND

Overall amount: £1,100,000

PART 11 CROWN OFFICE AND PROCURATOR FISCAL SERVICE

Overall amount: £600,000

[F15] Words in Sch. 2 Pt. 11 omitted (7.3.2001) by virtue of S.S.I. 2001/68, art. 2(4)(a)

[F16] Words in Sch. 2 Pt. 11 substituted (7.3.2001) by S.S.I. 2001/68, art. 2(4)(b)

SCHEDULE 3 DIRECT-FUNDED BODIES

Purpose	Amount	Type of receipt	Amount which may be applied
1. For expenditure of the Forestry Commissioners in or as regards Scotland on the promotion of forestry in Scotland, including support to the private sector for planting of new forest and woodlands, replanting after felling and maintenance grants for improvements; regulating forestry activity through the application of forest management standards and felling controls; managing the Forestry Commission’s forests in Scotland; associated administrative costs, including an appropriate share of the Commission’s HQ and central service costs	£33,000,000	European Regional Development Fund funding; receipts from sale of forests, land and buildings; receipts from sales of timber and other forest products; charges for recreational facilities; rents and wayleave income; charges for engineering and other services	£41,390,000
2. For expenditure of the Food Standards Agency in or as regards Scotland on administrative and operational costs, including research, surveillance and publicity relating to food safety; the Meat Hygiene Service	£5,207,000
3. For expenditure of the Scottish Parliamentary Corporate Body on ongoing costs associated with the administration and operation of the Scottish Parliament; payments in respect of the functions of the Scottish Parliamentary Commissioner for Administration; any other payments relating to the Scottish Parliament	£109,684,000
4. For expenditure of Audit Scotland, including assistance and support to the Auditor General for Scotland and the Accounts Commission for Scotland and other audit work for public bodies	£4,200,000	Receipts from sale of IT equipment	£1,000

[F17] Amounts in Sch. 3 substituted (7.3.2001) by S.S.I. 2001/68, art. 2(5), Sch. 2

[F18] Amounts in Sch. 3 substituted (12.1.2001) by S.S.I. 2001/7, art. 2(5), Sch. 2

SCHEDULE 4 RECEIPTS OF DIRECT-FUNDED BODIES APPLICABLE WITHOUT LIMIT

PART 1 FORESTRY COMMISSIONERS

Overall amount: £7,000,000

PART 2 FOOD STANDARDS AGENCY

Overall amount: £5,000,000

PART 3 SCOTTISH PARLIAMENTARY CORPORATE BODY

Overall amount: £3,000,000

PART 4 AUDIT SCOTLAND

Overall amount: £15,000,000

SCHEDULE 5 BORROWING BY CERTAIN STATUTORY BODIES

Enactment	Amount
1. Paragraph 2A of Schedule 7B to the National Health Service (Scotland) Act 1978 (c.29) (NHS Trusts)	£10,000,000
2. Section 7 of the Housing (Scotland) Act 1988 (c.43) (Scottish Homes)	Nil
3. Section 25 of the Enterprise and New Towns (Scotland) Act 1990 (c.35) (Scottish Enterprise)	£10,000,000
4. Section 26 of that Act (Highlands and Islands Enterprise)	£1,000,000
5. Section 84 of the Local Government etc. (Scotland) Act 1994 (c.39) (new water and sewerage authorities)	£213,300,000
6. Section 48 of the Environment Act 1995 (c.25) (Scottish Environment Protection Agency)	Nil