|
| |
|
(6) | The Secretary of State must lay before the Assembly each statement under this |
| |
| |
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 |
| |
| 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 |
| |
(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 |
| |
| |
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. |
| |
|
| |
|
| |
|
(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 |
| |
| |
(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 |
| |
| |
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 |
| |
(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, |
| |
| |
(5) | Sums received by the Secretary of State under section 120(2) must be paid into |
| 20 |
| |
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 |
| |
| |
(b) | repayments and payments of interest made to the Secretary of State in |
| |
| |
(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. |
| |
| |
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 |
|
| |
|
| |
|
(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 |
| |
(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 |
| |
| 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 |
| |
| |
(5) | This section does not apply to sums paid out of the Welsh Consolidated Fund |
| |
by virtue of section 129. |
| |
| 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 |
| |
| |
| 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 |
| |
| 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 |
| |
|
| |
|
| |
|
financial year by Ministers of the Crown and government departments, |
| |
| |
(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 |
| |
(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 |
| |
| |
(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 |
| |
| |
(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 |
| |
| 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 |
| |
| 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 |
| |
| |
(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. |
| |
|
| |
|