ANNEX
Section 82 of the Welfare Reform and Pensions
Act 1999
Authorisation of certain expenditure
82.—(1) Where—
(a) a Minister of the
Crown is proposing that or considering expenditure whether an
Act should change the law as from a specified date, or a date
to be determined, and
(b) the Secretary of State is of the opinion
that the change is such that, unless expenditure for preparing
for the change is incurred during the period before the passing
of that Act, it will not be possible for a service for which he
has or will have responsibility to be effectively provided from
that date,
the Secretary of State may, subject to subsections
(2) and (3), incur such expenditure during that period.
(2) Expenditure is not authorised by virtue of subsection
(1) unless——
(a) the Secretary of
State has with the consent of the Treasury laid before the House
of Commons a report which states——
(i) the change in the law
which the Minister of the Crown is proposing or considering, and
(ii) the amount of the expenditure which the Secretary
of State proposes to incur and the purposes for which he proposes
to incur it; and
(b) the report has been approved by a resolution
of the House of Commons.
(3) Expenditure is not authorised by virtue of subsection
(1) at any time after the end of the period of two years beginning
with the day on which the resolution under subsection (2)(b) is
passed.
(4) Subsection (1) is without prejudice to any power
of the Secretary of State to incur expenditure otherwise than
by virtue of that subsection.
(5) There shall be made out of the National Insurance
Fund into the Consolidated Fund such payments as the Secretary
of State determines (in accordance with any directions of the
Treasury) to be appropriate in consequence of the operation of
this section.
(6) Any payments failing to be made by virtue of
subsection (5) shall be made at such times and in such manner
as may be determined by the Treasury.
(7) In this section "the Secretary of State"
means the Secretary of State having responsibility for social
security.
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