Select Committee on Procedure First Report


2 Appropriation Acts

4. Appropriation Acts are the final stage of the procedure for approving most of Government expenditure,[3] which can be described briefly as follows:[4]

a)  Estimates are presented to the House of Commons for the expenditure of Government and certain non-Governmental bodies;[5] these relate to a particular financial year and usually appear in batches: Votes on Account before the financial year starts; Main Estimates and Supplementary Estimates during the financial year; and (if necessary) Excess Votes after the financial year, if an Estimate turns out to have been overspent.

b)  The House of Commons approves these Estimates, sometimes individually after debate on one of three Estimates Days in each session, but mostly without debate on three "roll-up" days each session (which are usually, but do not have to be, the same as the Estimates Days).

c)  The totals approved by the House of Commons are given statutory authority in a Consolidated Fund Bill (usually three per session, introduced immediately after the approval of Estimates on "roll-up" days).

d)  The last Consolidated Fund Bill of a session, usually in the summer, also "appropriates" the expenditure authorised by that and previous Consolidated Fund Bills by listing the amounts and the purposes for which they may be spent, as previously set out in the Estimates. This Bill is introduced as the Consolidated Fund (Appropriation) Bill and becomes the Appropriation Act.

5. Occasionally this timetable is disrupted by a General Election, in which case an Appropriation Act is passed before Parliament is dissolved, and there may be more than one Appropriation Act in the ensuing session.

6. The importance of the timing of the Appropriation Act is that it provides the legal basis against which the Resource Accounts of each department can be audited. Expenditure authorised in Supplementary Estimates presented after the summer recess (usually the Winter and Spring Supplementary Estimates) are not appropriated until the following summer, usually about three months after the end of the relevant financial year, which means that the audited Resource Accounts cannot usually be presented until after the Appropriation Act receives Royal Assent.

7. The Government has been attempting to achieve earlier presentation of the Resource Accounts, in a scheme called "faster closing",[6] and their target is to present all of them before the House rises in July in 2006.[7] The Government therefore proposes that the Winter and Spring Supplementary Estimates (and any Excess Votes relating to the previous financial year) should be appropriated in March, with the Main Estimates (and any Summer Supplementary Estimates) being appropriated in the summer as before. The March appropriation provisions would be included in the Consolidated Fund Bill which is already introduced in that month under the current system.[8] Because Consolidated Fund and Appropriation Bills cannot be debated,[9] no additional time on the floor of the House would be taken as a result of the change.

8. The principle of annual Appropriation Acts, passed as near as possible to the end of the session, was originally intended in part to avoid the Government ending the session prematurely by prorogation. As the Clerk Assistant explains in his paper, the proposals do not jeopardise this principle, as the new Appropriation Act in March will deal only with Estimates for the previous financial year, leaving the Vote on Account for the current year agreed the previous November and the current year's main Estimates to be appropriated in June or July.[10]

9. It will be to the advantage of the House, and of select committees in particular, if Resource Accounts are available as soon as possible after the end of the financial year to which they relate. We therefore support the proposal for two Appropriation Acts each year.

10. The current statutory deadline for presentation to Parliament of audited Resource Accounts is 31 January following the end of the financial year.[11] Most Resource Accounts are currently presented in November, even in cases where there have been no Winter or Spring Supplementary Estimates (and therefore where the auditing process could have begun in April).

11. We recommend that the Government publish annual lists showing the dates on which each Resource Account is (a) laid before Parliament and (b) published, to show the extent to which the Government's desire for earlier publication is being achieved. In due course the statutory deadlines might be brought forward.


3   Some Government expenditure is not subject to this system, including expenditure out of the National Insurance Fund, expenditure out of Trading Funds, and certain "Consolidated Fund Standing Services", which are, by law, payable directly out of the Consolidated Fund without the need for annual approval. There are further details in Appendix 2, note 2. Back

4   A more detailed description is in Appendix 2, pp 38-55. Back

5   Separate Estimates are presented for the House of Commons Administration by the House of Commons Commission, for the National Audit Office by the Public Accounts Commission, and for the Electoral Commission by the Speaker's Committee on the Electoral Commission. Estimates for the House of Lords, for the House of Commons: Members Estimate and for the Office of the Parliamentary Commissioner for Administration and the Health Service Commissioner are presented in the same volume as Government Estimates. Back

6   See the booklet Managing Resources: Faster Closing, HM Treasury, January 2003. The document is available on www.hm-treasury... Back

7   Appendix 1, para 18. Back

8   Appendix 1, paras 5-25. Back

9   SO No 56. Back

10   Appendix 2, paras 28-32. Back

11   Government Resources and Accounts Act 2000, s 6, reproducing the timetable previously contained in the Exchequer and Audit Departments Act 1921, Sch 1. Powers exist to change the timetable (s 22 of the 2000 Act). In 2003, nine Resource Accounts for 2002-03 were presented and published before the summer recess (Appendix 1, Annex B). Back


 
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