Infrastructure (Financial Assistance) Bill (HL Bill 43)

A

BILL

TO

Make provision in connection with the giving of financial assistance in respect
of the provision of infrastructure.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Expenditure on financial assistance for the provision of infrastructure

(1) There may be paid out of money provided by Parliament expenditure
incurred—

(a) by the Treasury, or

(b) 5by the Secretary of State with the consent of the Treasury,

in giving, or in connection with giving, financial assistance to any person in
respect of the provision of infrastructure.

(2) “Infrastructure” includes—

(a) water, electricity, gas, telecommunications, sewerage or other services,

(b) 10railway facilities (including rolling stock), roads or other transport
facilities,

(c) health or educational facilities,

(d) court or prison facilities, and

(e) housing.

(3) 15“Provision” includes acquisition, design, construction, conversion,
improvement, operation and repair.

(4) In this Act “financial assistance” means loans, guarantees or indemnities, or
any other kind of financial assistance (actual or contingent).

(5) Expenditure which could be paid out of money provided by Parliament under
20subsection (1) is to be charged on and paid out of the Consolidated Fund if—

(a) the expenditure is incurred under an agreement entered into by the
Treasury or the Secretary of State, and

Infrastructure (Financial Assistance) BillPage 2

(b) the Treasury are satisfied that arrangements cannot reasonably be
made for the expenditure to be paid out of money provided by
Parliament.

(6) Where money is paid in reliance on subsection (5), the Treasury must as soon
5as is reasonably practicable lay a report before Parliament specifying the
amount paid.

(7) References in this Act to infrastructure assistance are to financial assistance the
giving of which is in reliance on the authority provided by this section.

(8) Nothing in this Act applies in relation to the giving of financial assistance
10under a statutory power.

2 Limit on expenditure and liabilities

(1) The amount of the Government’s expenditure and liabilities under this Act
must not at any time exceed £50,000 million.

(2) For this purpose the amount of the Government’s expenditure and liabilities
15under this Act is the aggregate of—

(a) the expenditure incurred by the Treasury or the Secretary of State in
giving, or in connection with giving, infrastructure assistance, and

(b) the current amount of the actual or contingent liabilities of the Treasury
or the Secretary of State in respect of infrastructure assistance,

20less any sums received by the Treasury or the Secretary of State in connection
with infrastructure assistance.

(3) Where any expenditure, liabilities or sums mentioned in subsection (2) are in
currencies other than sterling, their amount in sterling is to be determined for
the purposes of subsection (1) at what appears to the Treasury to be the
25appropriate rate of exchange.

(4) The Treasury may by order made by statutory instrument substitute a greater
amount for the amount for the time being specified in subsection (1).

(5) A statutory instrument containing an order under subsection (4) may not be
made unless a draft of the instrument has been laid before and approved by a
30resolution of the House of Commons.

3 Reports

(1) The Treasury must, in relation to each relevant period—

(a) prepare a report in accordance with this section, and

(b) lay it before the House of Commons as soon as is reasonably practicable
35after the end of that period.

(2) “Relevant period” means—

(a) the period beginning with the day on which this Act is passed and
ending with 31 March 2013, and

(b) each subsequent period of 12 months.

(3) 40Each report must provide details of—

(a) the arrangements entered into by the Treasury or the Secretary of State
during the relevant period for giving, or in connection with giving,
infrastructure assistance,

Infrastructure (Financial Assistance) BillPage 3

(b) the expenditure incurred by the Treasury or the Secretary of State
during that period in giving, or in connection with giving,
infrastructure assistance,

(c) the amount of the actual or contingent liabilities of the Treasury or the
5Secretary of State at the end of that period in respect of infrastructure
assistance,

(d) the sums received during that period by the Treasury or the Secretary
of State in connection with infrastructure assistance, and

(e) the amount of the Government’s expenditure and liabilities under this
10Act, determined as at the end of that period in accordance with section
2.

(4) The report in relation to the first relevant period must also include details of
the arrangements described in subsection (3)(a) entered into by the Treasury or
the Secretary of State before the beginning of that period in anticipation of the
15coming into force of section 1.

(5) No report is required in relation to a relevant period if there is nothing to
record under subsections (3) and (4).

4 Short title, commencement and extent

(1) This Act may be cited as the Infrastructure (Financial Assistance) Act 2012.

(2) 20This Act comes into force on the day on which it is passed.

(3) This Act extends to England and Wales, Scotland and Northern Ireland.