3Contingencies: payments out of the Fund
(1)This section applies where, in financial year 2000/01, it is proposed to pay a sum out of the Fund under section 65(1)(c) of the 1998 Act other than in accordance with section 4 of the Public Finance and Accountability (Scotland) Act 2000 (asp 1) (“the 2000 Act”).
(2)The sum may be paid out of the Fund only if its payment is authorised by the Scottish Ministers.
(3)The Scottish Ministers may authorise payment only if they consider that—
(a)the payment is necessarily required in the public interest to meet urgent expenditure for a purpose falling within section 65(2) of the 1998 Act, and
(b)it is not reasonably practicable, for reasons of urgency, for the requirements of section 4 of the 2000 Act in relation to the sum to be satisfied by a Budget Act.
(4)But the Scottish Ministers must not authorise payment of the sum if it would result in an excess of sums paid out of the Fund over sums paid into the Fund.
(5)The aggregate amount of the sums which the Scottish Ministers may authorise to be paid out of the Fund under this section must not exceed £50 million.
(6)Where the Scottish Ministers authorise a payment under this section they must, as soon as possible, lay before the Parliament a report setting out the circumstances of the authorisation and why they considered it to be necessary.