Budget (Scotland) Act 2001

Budget (Scotland) Act 2001 An Act of the Scottish Parliament to make provision, for financial year 2001/02, 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 payment of sums out of the Fund, for the maximum amount of relevant expenditure for the purposes of section 94(5) of the Local Government (Scotland) Act 1973 (c.65) and the maximum amounts of borrowing by certain statutory bodies; to make provision, for financial year 2002/03, for authorising the payment of sums out of the Fund on a temporary basis; and for connected purposes. Resources other than accruing resources may, in financial year 2001/02, be used by the Scottish Administration for the purposes specified in column 1 of schedule 1 up to the amounts specified in the corresponding entries in column 2. Accruing resources of the types specified in column 3 of schedule 1 may, in financial year 2001/02, be used by the Scottish Administration for the purposes specified in the corresponding entries in column 1 up to the amounts specified in column 4. Accruing resources of the types specified in column 1 of each Part of schedule 2 may, in financial year 2001/02, be used by the Scottish Administration for the purposes specified in the corresponding entries in column 2 up to the overall amount specified at the end of that Part. Such resources may be so used only through the part of the Scottish Administration through which they accrue. The Parts of that schedule set out the types of accruing resources, purposes and overall amounts by reference to the parts of the Scottish Administration through which the resources accrue and may be used. Resources other than accruing resources may, in financial year 2001/02, be used by the bodies mentioned in column 1 of schedule 3 for the purposes specified in that column up to the amounts specified in the corresponding entries in column 2. Accruing resources of the types specified in column 3 of schedule 3 may, in financial year 2001/02, be used by those bodies for the purposes specified in the corresponding entries in column 1 up to the amounts specified in column 4. Accruing resources of the types specified in column 1 of each Part of schedule 4 may, in financial year 2001/02, be used by the body to which that Part relates for the purposes specified in the corresponding entries in column 2 up to the overall amount specified at the end of that Part. The Parts of that schedule set out the types of accruing resources, purposes and overall amounts by reference to the bodies by which resources may be used in pursuance of subsection (1). For the purposes of section 4(2) of the Public Finance and Accountability (Scotland) Act 2000 (asp 1) (“the 2000 Act”), the overall cash authorisations for financial year 2001/02 are— in relation to the Scottish Administration, £17,705,112,000, in relation to the Forestry Commissioners, £45,820,000, in relation to the Food Standards Agency, £5,755,000, in relation to the Scottish Parliamentary Corporate Body, £146,382,000, in relation to Audit Scotland, £4,551,000. This section applies where, in financial year 2001/02, it is proposed to pay out of the Scottish Consolidated Fund under section 65(1)(c) of the Scotland Act 1998 (c.46) (“the 1998 Act”), for or in connection with expenditure of the Scottish Administration or a body mentioned in section 3(b) to (e) of this Act, a sum which does not fall within the overall cash authorisation specified in that section in relation to the Scottish Administration or, as the case may be, that body. The sum may be paid out of the Fund only if its payment is authorised by the Scottish Ministers. The Scottish Ministers may authorise payment only if they consider that— 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 it is not reasonably practicable, for reasons of urgency, to amend the overall cash authorisation by an order under section 7 of this Act. 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. 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. Where the Scottish Ministers authorise a payment under this section they must, as soon as possible, lay before the Scottish Parliament a report setting out the circumstances of the authorisation and why they considered it to be necessary. The amount specified for financial year 2001/02 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 £634,965,000. In schedule 5, the amounts set out in column 2 are the amounts specified for financial year 2001/02 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). This section applies if, at the beginning of financial year 2002/03, there is no overall cash authorisation for that year for the purposes of section 4(2) of the 2000 Act. Until there is in force a Budget Act providing such authorisation, there is to be taken to be an overall cash authorisation for each calendar month of that year in relation to each of— the Scottish Administration, and the bodies mentioned in section 3(b) to (e), of an amount determined in accordance with subsection (3) of this section; and section 4 of the 2000 Act has effect accordingly. That amount is whichever is the greater of— one-twelfth of the amount specified in section 3 in relation to the Scottish Administration or, as the case may be, the body in question, and the amount paid out of the Scottish Consolidated Fund under section 65(1)(c) of the 1998 Act in the corresponding calendar month of financial year 2001/02 for or in connection with expenditure of the Scottish Administration or that body. Subsection (2) is subject to any provision made by Budget Act for financial year 2002/03. The Scottish Ministers may by order made by statutory instrument amend— the amounts specified in sections 3 and 5(1), schedules 1 to 4, column 2 of schedule 5. No order may be made under subsection (1) unless a draft of it has been laid before, and approved by resolution of, the Scottish Parliament. Part 2 (financial year 2001/02) of the Budget (Scotland) Act 2000 (asp 2) is repealed. In this Act— “the 1998 Act” means the Scotland Act 1998 (c.46), “the 2000 Act” means the Public Finance and Accountability (Scotland) Act 2000 (asp 1). References in this Act to accruing resources in relation to the Scottish Administration or any body are to such resources accruing to the Scottish Administration or, as the case may be, that body in financial year 2001/02. Except where otherwise expressly provided, expressions used in this Act and in the 2000 Act have the same meanings in this Act as they have in that Act. This Act may be cited as the Budget (Scotland) Act 2001. 1.For use by the Scottish Ministers (through the Scottish Executive Environment and Rural Affairs Department (formerly the Scottish Executive Rural Affairs Department)) on market support; support for agriculture in special areas including crofting communities; rural development, agri-environmental and farm woodland measures; compensation 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; other environmental expenditure; flood prevention; coastal protection; air quality monitoring; loans to new water and sewerage authorities and other water grants (including the Water and Sewerage Charges Reduction scheme) 2.For use by the Scottish Ministers (through the Scottish Executive Development Department) on housing subsidies; financial support for Communities Scotland and Scottish Homes; new housing partnerships and community ownerships; sponsorship of Energy Action Scotland; repayment of debt; other expenditure, contributions and grants relating to housing; departmental research and publicity and other central services; 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 Highlands and Islands Airports Limited and the privatisation of the Scottish Bus Group; grants to local authorities forming part of the Strathclyde Passenger Transport Area; miscellaneous costs in relation to ports and harbours; payments to former members of Scottish Transport Group pension schemes; other sundry services in connection with the environment; grants to voluntary organisations and other costs associated with the voluntary sector; expenditure relating to equality issues 3.For use by the Scottish Ministers (through the Scottish Executive Education Department) on schools; pre-school education; childcare; associated social work services including the Scottish Children’s Reporter Administration; 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; HM Inspectors of Education; sport; community education; support for the cultural heritage of Scotland, including the Gaelic language; arts, libraries, museums and galleries, including purchase grants; cultural activities and organisations; historic buildings and monuments (including administration); architecture; publicity; indemnities; administration; central government grants to non departmental public bodies and local authorities 4.For use by 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 for the Student Loans Scheme and related costs; careers guidance; departmental investment assistance grants ; funding for learndirect scotland ; energy efficiency, renewable energy, digital inclusion and sundry enterprise and lifelong learning related activities 5.For use by 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; social care; welfare food; the Scottish Drugs Challenge Fund; other health services 6.For use by the Scottish Ministers (through the Scottish Executive Justice Department) on legal aid (including administration); criminal injuries compensation (including administration); 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; certain legal services; costs and fees in connection with legal proceedings 7.For use by 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; costs associated with the functions of the Queen’s Printer for Scotland 8.For use by the Registrar General of Births, Deaths and Marriages for Scotland (through the General Register Office for Scotland) on administrative costs and operational costs 9.For use by 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 9A.For use by the Scottish Ministers (through the Scottish Executive Finance and Central Services Department) on pensions, allowances, gratuities etc payable in respect of the teachers’ and national health service pension schemes; running and capital costs of the Scottish Public Pensions Agency; revenue support grants and payment of non-domestic rates in Scotland; special grants relating to council tax and spend-to-save scheme; other services including payments under the Bellwin scheme covering floods, storms and other emergencies; expenditure on committees, commissions and other departmental services; European Structural Fund grants to public corporations, non-departmental public bodies, local authorities and other bodies and organisations; grants to the Civic Forum; expenditure in connection with external relations initiatives 10.For use by 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) Overall amount: £16,500,000 1.Recoverable VAT; income from the sale of research results and publications; income from deemed hazardous substances consent; other minor miscellaneous income 2.Rents from land and property; Erskine Bridge toll income; recoverable VAT; income from administering harbours orders 3.Any sums accruing as a result of the dissolution of Scottish Transport Group 4.Recovery of unused grant from voluntary organisations 5.Capital sums accruing from Scottish Homes 6.Recoverable VAT Overall amount: £6,000,000 Overall amount: £583,000,000 Overall amount: £45,000,000 Overall amount: £737,000,000 Overall amount: £28,000,000 Overall amount: £ 20,000,000 Overall amount: £3,200,000 Overall amount: £1,100,000 1.Income from European Structural Funds 2.Income in respect of legal costs recovered by the Local Government Boundary Commission 3.Contributions in respect of teachers’ and national health service superannuation 4.Administration charges in respect of services undertaken by the Scottish Public Pensions Agency; recoverable VAT 5.Pensions contributions 6.Recovery of grant awarded to councils under the Bellwin scheme covering floods, storms, and other emergencies Overall amount: £520,000,000 Overall amount: £700,000 Overall amount: £5,000,000 Overall amount: £100 Overall amount: £500,000 Overall amount: £14,000,000 Amount specified in s. 3(b) substituted (13.3.2002) by The Budget (Scotland) Act 2001 (Amendment) Order 2002 (S.S.I. 2002/134), art. 2(2), Sch. 1 Amounts specified in s. 3 substituted (20.12.2001) by S.S.I. 2001/480, art. 2(2), Sch. 1 Amount in s. 5(1) substituted (13.3.2002) by The Budget (Scotland) Act 2001 (Amendment) Order 2002 (S.S.I. 2002/134), art 2(3) Pt. 2 repealed (15.3.2002) by Budget (Scotland) Act 2002 (asp 7), s. 8 Sch. 1 substituted (20.12.2001) by S.S.I. 2001/480, art. 2(4), Sch. 2 Amount in Sch. 1 substituted (13.3.2002) by The Budget (Scotland) Act 2001 (Amendment) Order 2002 (S.S.I. 2002/134), art 2(4)(c), Sch. 2 Words in Sch. 1 inserted (13.3.2002) by The Budget (Scotland) Act 2001 (Amendment) Order 2002 (S.S.I. 2002/134), art 2(4)(a) In Sch. 1 "," omitted (13.3.2002) by virtue of The Budget (Scotland) Act 2001 (Amendment) Order 2002 (S.I. 2002/134), art. 2(4)(b) Words in Sch. 2 Pt. I heading substituted (20.12.2001) by S.S.I. 2001/480, art. 2(5)(a) Sch. 2 Pt. 2 substituted (20.12.2001) by S.S.I. 2001/480, art. 2(5)(b) Sch. 2 Pt. 3 substituted (20.12.2001) by S.S.I. 2001/480, art. 2(5)(c) Amount in Sch. 2 Pt. 3 substituted (13.3.2002) by The Budget (Scotland) Act 2001 (Amendment) Order 2002 (S.S.I. 2002/134), art. 2(5)(b), Sch. 3 Entry in Sch. 2 Pt. 4 substituted (13.3.2002) by The Budget (Scotland) Act 2001 (Amendment) Order 2002 (S.S.I. 2002/134), art. 2(5)(a)(i) Words in Sch. 2 Pt. 4 inserted (13.3.2002) by The Budget (Scotland) Act 2001 (Amendment) Order 2002 (S.S.I. 2002/134), art. 2(5)(a)(ii) Amount in Sch. 2 Pt. 4 substituted (13.3.2002) by The Budget (Scotland) Act 2001 (Amendment) Order 2002 (S.S.I. 2002/134), art. 2(5)(b), Sch. 3 Entry in Sch. 2 Pt. 7 substituted (20.12.2001) by S.S.I. 2001/480, art 2(5)(d)(i) Amount in Sch. 2 Pt. 7 substituted (20.12.2001) by S.S.I. 2001/480, art. 2(5)(d)(ii) Amount in Sch. 2 Pt. 8 substituted (13.3.2002) by The Budget (Scotland) Act 2001 (Amendment) Order 2002 (S.S.I. 2002/134), art. 2(5)(b), Sch. 3 Amount in Sch. 2 Pt. 9 substituted (13.3.2002) by The Budget (Scotland) Act 2001 (Amendment) Order 2002 (S.S.I. 2002/134), art. 2(5)(b), Sch. 3 Sch. 2 Pt. 9A inserted (20.12.2001) by S.S.I. 2001/480, art. 2(5)(e) Amount in Sch. 3 substituted (13.3.2002) by The Budget (Scotland) Act 2001 (Amendment) Order 2002 (S.S.I. 2002/134), art. 2(6)(a) Amount in Sch. 3 substituted (13.3.2002) by The Budget (Scotland) Act 2001 (Amendment) Order 2002 (S.S.I. 2002/134), art. 2(6)(b) Amounts in Sch. 3 substituted (20.12.2001) by S.S.I. 2001/480, art. 2(6), Sch. 3 Amount in Sch. 4 Pt. 1 substituted (13.3.2002) by The Budget (Scotland) Act 2001 (Amendment) Order 2002 (S.S.I. 2002/134), art. 2(7) Words in Sch. 1 inserted (19.3.2003) by Budget (Scotland) Act 2003 (asp 6), s. 8(b)(i) Word in Sch. 1 substituted (19.3.2003) by Budget (Scotland) Act 2003 (asp 6), s. 8(b)(ii) Word in Sch. 1 substituted (19.3.2003) by Budget (Scotland) Act 2003 (asp 6), s. 8(b)(iii) Word in s. 3(a) substituted (19.3.2003) by Budget (Scotland) Act 2003 (asp 6), s. 8(a)