Government of Wales Bill

House of Lords

Session 2005 - 06
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Other Bills before Parliament

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,
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(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
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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,
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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).
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(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.

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(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
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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
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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
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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
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(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).
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(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—
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(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
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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—
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(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.
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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
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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
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(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.
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(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
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the Welsh Ministers, the First Minister or the Counsel General for the

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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
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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
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(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—
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(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
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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
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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.