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Government of Wales Bill


Government of Wales Bill
Part 5 — Finance

65

 

(6)   

The Secretary of State must lay before the Assembly each statement under this

section.

119     

Destination of receipts

(1)   

Any sum received by or on behalf of—

(a)   

the Welsh Ministers, the First Minister or the Counsel General,

5

(b)   

the Assembly Commission,

(c)   

the Auditor General, or

(d)   

the Public Services Ombudsman for Wales,

   

is to be paid into the Welsh Consolidated Fund (unless it is paid out of that

Fund, and subject as follows); and this subsection applies in spite of provision

10

contained in any other enactment unless the enactment provides expressly that

any such sum is not to be paid into the Welsh Consolidated Fund.

(2)   

If and to the extent that sums received as mentioned in subsection (1) are

received in connection with resources—

(a)   

which are within a category specified by resolution of the Assembly for

15

the purposes of this subsection,

(b)   

which accrued to a person within subsection (1), and

(c)   

the retention of which by that person is authorised by a Budget

resolution of the Assembly for the financial year in which the resources

accrued,

20

   

the sums may be retained for use for the services and purposes specified in a

Budget resolution of the Assembly for the financial year in which they are

received as services and purposes for which retained resources may be used.

(3)   

The Treasury may, after consulting the Welsh Ministers, by order designate

any description of sums received as mentioned in subsection (1).

25

(4)   

The Welsh Ministers must make payments to the Secretary of State of sums

equal to the total amount of sums of that description.

(5)   

Payments by the Welsh Ministers under subsection (4) are to be made at such

times, and by such methods, as the Treasury may from time to time determine.

(6)   

Sums required for the making of the payments are to be charged on the Welsh

30

Consolidated Fund.

(7)   

A statutory instrument containing an order under subsection (3) is subject to

annulment in pursuance of a resolution of the House of Commons.

(8)   

In this Act “Budget resolution of the Assembly” means a resolution on an

annual Budget motion (see section 124) or a supplementary Budget motion (see

35

section 125).

Borrowing

120     

Borrowing by Welsh Ministers

(1)   

The Welsh Ministers may borrow from the Secretary of State any amounts it

appears to them are required by them for the purpose of—

40

(a)   

meeting a temporary excess of sums paid out of the Welsh

Consolidated Fund over sums paid into that Fund, or

(b)   

providing a working balance in the Fund.

 
 

Government of Wales Bill
Part 5 — Finance

66

 

(2)   

Amounts borrowed under this section must be repaid to the Secretary of State

at such times and by such methods, and interest on such sums must be paid to

the Secretary of State at such rates and at such times, as the Treasury may from

time to time determine.

(3)   

Sums required for the repayment of, or the payment of interest on, amounts

5

borrowed under this section are to be charged on the Welsh Consolidated

Fund.

121     

Lending by Secretary of State

(1)   

The Treasury may issue to the Secretary of State out of the National Loans

Fund such sums as the Secretary of State needs for making loans under section

10

120.

(2)   

The aggregate outstanding in respect of the principal of sums borrowed under

that section must not exceed £500 million.

(3)   

The Secretary of State may by order made with the consent of the Treasury

substitute for the amount for the time being specified in subsection (2) such

15

greater amount as is specified in the order.

(4)   

No order is to be made under subsection (3) unless a draft of the statutory

instrument containing it has been laid before, and approved by a resolution of,

the House of Commons.

(5)   

Sums received by the Secretary of State under section 120(2) must be paid into

20

the National Loans Fund.

122     

Accounts relating to loans

(1)   

The Secretary of State must for each financial year prepare accounts in such

form and manner as the Treasury may direct of—

(a)   

loans made by the Secretary of State under section 120 or treated as

25

made by paragraph 11(6) of Schedule 3 or paragraph 42(6) of Schedule

11, and

(b)   

repayments and payments of interest made to the Secretary of State in

respect of those loans.

(2)   

The Secretary of State must send accounts under subsection (1) relating to a

30

financial year to the Comptroller and Auditor General no later than five

months after the end of the financial year.

(3)   

The Comptroller and Auditor General must—

(a)   

examine, certify and report on accounts sent under subsection (2), and

(b)   

lay copies of the accounts, together with the report prepared under

35

paragraph (a), before each House of Parliament.

Expenditure

123     

Payments out of Welsh Consolidated Fund

(1)   

A sum may only be paid out of the Welsh Consolidated Fund if—

(a)   

it has been charged on that Fund by any enactment, or

40

 
 

Government of Wales Bill
Part 5 — Finance

67

 

(b)   

its payment out is authorised or deemed to be authorised by a Budget

resolution of the Assembly (see sections 124 to 127) for or in connection

with either of the purposes mentioned in subsection (2),

   

and an approval to draw the payment of the sum out of the Welsh

Consolidated Fund is granted by the Auditor General (see section 128).

5

(2)   

Those purposes are—

(a)   

meeting expenditure of a relevant person, and

(b)   

meeting expenditure payable pursuant to a relevant enactment.

(3)   

For the purposes of this section and sections 124 to 127 the relevant persons

are—

10

(a)   

the Welsh Ministers, the First Minister and the Counsel General,

(b)   

the Assembly Commission,

(c)   

the Auditor General, and

(d)   

the Public Services Ombudsman for Wales.

(4)   

For the purposes of this section and sections 124 to 127 a relevant enactment is

15

an enactment which provides for payment out of the Welsh Consolidated

Fund.

(5)   

This section does not apply to sums paid out of the Welsh Consolidated Fund

by virtue of section 129.

(6)   

Any enactment which—

20

(a)   

charges the payment of sums on the Consolidated Fund or requires or

authorises the payment of any sum from the Consolidated Fund, or

(b)   

requires or authorises the payment of sums out of money provided by

Parliament,

   

does not have effect if the sums are payable by any of the relevant persons.

25

124     

Annual Budget motions

(1)   

For each financial year there is to be moved in the Assembly a motion (referred

to in this Act as an “annual Budget motion”) for the purpose of authorising—

(a)   

the amount of resources which may be used in the financial year by the

relevant persons, or pursuant to a relevant enactment, for the services

30

and purposes specified in the motion,

(b)   

the amount of resources accruing to the relevant persons in the

financial year which may be retained by them to be used for the services

and purposes so specified (rather than being paid into the Welsh

Consolidated Fund), and

35

(c)   

the amount which may be paid out of the Welsh Consolidated Fund in

the financial year to the relevant persons, or for use pursuant to a

relevant enactment, for the services and purposes so specified.

(2)   

An annual Budget motion may only be moved by the First Minister or a Welsh

Minister appointed under section 48.

40

(3)   

An annual Budget motion must be accompanied by a written statement made

by the Welsh Ministers showing—

(a)   

the total amount of the payments which they estimate will be made for

the financial year under section 117(1),

(b)   

the total amount of the payments which they estimate will be made to

45

the Welsh Ministers, the First Minister or the Counsel General for the

 
 

Government of Wales Bill
Part 5 — Finance

68

 

financial year by Ministers of the Crown and government departments,

and

(c)   

the total amount of the payments which they estimate will be made to

the Welsh Ministers, the First Minister or the Counsel General for the

financial year otherwise than by a Minister of the Crown or

5

government department.

(4)   

In this Act a reference to the use of resources is a reference to their expenditure,

consumption or reduction in value.

125     

Supplementary Budget motions

(1)   

For any financial year there may be moved in the Assembly one or more

10

motions (referred to in this Act as a “supplementary Budget motion”) for either

or both of the purposes specified in subsections (2) and (3).

(2)   

A supplementary Budget motion may approve a variation in any one or more

of the following—

(a)   

the amount of resources authorised to be used in the financial year by

15

a relevant person, or pursuant to a relevant enactment, for any service

or purpose,

(b)   

the amount of resources accruing to a relevant person in the financial

year and authorised to be retained by that person to be used for any

service or purpose, and

20

(c)   

the amount authorised to be paid out of the Welsh Consolidated Fund

in the financial year to a relevant person, or for use pursuant to a

relevant enactment, for any service or purpose.

(3)   

A supplementary Budget motion may authorise any one or more of the

following—

25

(a)   

the amount of resources which may be used in the financial year by a

relevant person, or pursuant to a relevant enactment, for a service or

purpose specified in the motion,

(b)   

the amount of resources accruing to a relevant person in the financial

year which may be retained by that person to be used for a service or

30

purpose so specified, and

(c)   

the amount which may be paid out of the Welsh Consolidated Fund in

the financial year to a relevant person, or for use pursuant to a relevant

enactment, for a service or purpose so specified.

(4)   

A supplementary Budget motion for any financial year may be expressed to

35

have effect from a time before it is made; but that time may not be earlier

than—

(a)   

the date on which the last supplementary Budget motion for the

financial year was passed, or

(b)   

(if none has) the date on which the annual Budget motion for the

40

financial year was passed.

(5)   

A supplementary Budget motion may only be moved by the First Minister or

a Welsh Minister appointed under section 48.

 
 

 
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