Northern Ireland Bill

Northern Ireland Bill - continued	House of Commons

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	PART V
	FINANCIAL PROVISIONS
	Consolidated Fund
Consolidated Fund of Northern Ireland.	44. - (1) The Consolidated Fund of Northern Ireland shall continue to exist.
	(2) Sums forming part of the Fund-
	(a) shall be appropriated to the public service of Northern Ireland by Act of the Assembly; and
	(b) shall not be applied for any purpose for which they are not appropriated.
	(3) Subsection (2) is subject to any provision which charges sums on the Fund and is made-
	(a) by or under an Act of Parliament; or
	(b) by Northern Ireland legislation.
Payments into the Fund: taxes.	45. - (1) Subject to subsection (4), in respect of each financial year a sum equal to the Northern Ireland share of United Kingdom taxes shall be charged on and paid out of the Consolidated Fund of the United Kingdom into the Consolidated Fund of Northern Ireland.
	(2) The Northern Ireland share of United Kingdom taxes in respect of each financial year shall be an amount, determined by the Treasury, representing the proceeds for that year of the taxes payable into the Consolidated Fund of the United Kingdom which are properly attributable to Northern Ireland after deducting the cost of collection and other appropriate costs.
	(3) The Treasury may make regulations with respect to the method by which, for the purposes of subsection (2), proceeds and costs are to be attributed to Northern Ireland.
	(4) The Treasury may by order specify a sum, to be deducted from the sum which would be payable under subsection (1) in respect of a financial year, as a contribution towards expenses which-
	(a) fall on the Consolidated Fund of the United Kingdom in respect of that year; and
	(b) relate to excepted or reserved matters.
	(5) Sums payable under subsection (1) shall be paid at such times and in such manner as the Treasury may determine; and payments may be made on account.
Payments into the Fund: Secretary of State.	46. The Secretary of State may from time to time make payments into the Consolidated Fund of Northern Ireland out of money provided by Parliament.
Payments out of Fund without appropriation Act.	47. - (1) If an Act is not passed at least three days before the end of a financial year ("year 1") authorising the issue out of the Consolidated Fund of Northern Ireland of sums for the service of the next financial year ("year 2")-
	(a) the authorised officer of the Department of Finance and Personnel may authorise the issue out of that Fund for the service of year 2 sums not exceeding 75 per cent of the total amount appropriated by Act of the Assembly for the service of year 1; and
	(b) the sums so issued shall be appropriated for such services and purposes as the officer may direct.
	(2) If an Act is not passed before the end of July in any financial year authorising the issue out of the Consolidated Fund of Northern Ireland of sums for the service of the year-
	(a) the authorised officer of the Department of Finance and Personnel may authorise the issue out of that Fund for the service of the year sums not exceeding 95 per cent of the total amount appropriated by Act of the Assembly for the service of the preceding financial year; and
	(b) the sums so issued shall be appropriated for such services and purposes as the officer may direct.
	(3) In this section "authorised officer", in relation to the Department of Finance and Personnel, means the Permanent Secretary or such other officer as may be nominated by him for the purpose.
	Advances
Advances by Secretary of State.	48. - (1) The Secretary of State may advance to the Department of Finance and Personnel sums required for the purpose of-
	(a) meeting a temporary excess of sums to be paid out of the Consolidated Fund of Northern Ireland over sums paid into the Fund; or
	(b) providing a working balance in the Fund.
	(2) The Treasury may issue to the Secretary of State out of the National Loans Fund any sum which he requires for the making of an advance under this section.
	(3) The aggregate at any time outstanding in respect of the principal of sums advanced under this section shall not exceed £250 million.
	(4) Sums advanced under this section shall be repaid to the Secretary of State at such times and by such methods, and interest on them shall be paid to him at such rates and at such times, as the Treasury may determine.
	(5) Sums received by the Secretary of State under subsection (4) shall be paid into the National Loans Fund.
	(6) Amounts required for the repayment of, or the payment of interest on, sums advanced under this section shall be charged on the Consolidated Fund of Northern Ireland.
	(7) The Secretary of State may by order, with the consent of the Treasury, substitute for the amount specified in subsection (3) such increased amount as may be specified in the order.
Accounts.	49. - (1) The Secretary of State shall, for each financial year-
	(a) prepare, in such form and manner as the Treasury may direct, an account of sums paid and received by him under section 48; and
	(b) send the account to the Comptroller and Auditor General not later than the end of November in the following financial year.
	(2) The Comptroller and Auditor General shall-
	(a) examine, certify and report on the account; and
	(b) lay copies of it and his report before each House of Parliament.
	Miscellaneous
Financial acts of the Assembly.	50. - (1) The Assembly may not pass a vote, resolution or Act to which this subsection applies except in pursuance of a recommendation which-
	(a) is made by the Minister of Finance and Personnel; and
	(b) is signified to the Assembly by him or on his behalf.
	(2) Subsection (1) applies to a vote, resolution or Act which-
	(a) imposes or increases a charge on the Consolidated Fund of Northern Ireland;
	(b) appropriates a sum out of that Fund or increases a sum to be appropriated;
	(c) releases or compounds a debt owed to the Crown; or
	(d) imposes or increases a tax.
	(3) Standing orders shall provide that a vote, resolution or Act which-
	(a) appropriates a sum out of the Consolidated Fund of Northern Ireland or increases a sum to be appropriated; or
	(b) imposes or increases a tax,
	shall not be passed without cross-community support.
Draft budgets.	51. - (1) The Minister of Finance and Personnel shall, on or before the first working day after 9th December in each year, lay before the Assembly a draft budget, that is to say, programme of expenditure proposals for the next financial year which has been agreed by the Executive Committee in accordance with paragraph 20 of Strand One of the Belfast Agreement.
	(2) The Assembly may, with cross-community support, approve a draft budget laid before them with or without modification.
Audit.	52. - (1) The Comptroller and Auditor General for Northern Ireland shall be appointed by Her Majesty.
	(2) The accounts of the Consolidated Fund of Northern Ireland shall be audited by the Comptroller and Auditor General for Northern Ireland in accordance with the Exchequer and Audit Act Northern Ireland) 1921.
	(3) Subsection (2) is subject to any provision of Northern Ireland legislation.
Provision of information to Treasury.	53. Where it appears to the Treasury that any information in the possession or under the control of the Assembly is required for the exercise of any function by the Treasury, the Treasury may require the Assembly to provide the information to the Treasury in such form as the Treasury may specify.

Prepared 28 July 1998