- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
The Bill for this Act of the Scottish Parliament was passed by the Parliament on 8th February 2001 and received Royal Assent on 15th March 2001
An Act of the Scottish Parliament to make provision, for financial year 2001/02, for the use of resources by the Scottish Administration and certain bodies whose expenditure is payable out of the Scottish Consolidated Fund, for authorising the payment of sums out of the Fund, for the maximum amount of relevant expenditure for the purposes of section 94(5) of the Local Government (Scotland) Act 1973 (c. 65) and the maximum amounts of borrowing by certain statutory bodies; to make provision, for financial year 2002/03, for authorising the payment of sums out of the Fund on a temporary basis; and for connected purposes.
(1)Resources other than accruing resources may, in financial year 2001/02, be used by the Scottish Administration for the purposes specified in column 1 of schedule 1 up to the amounts specified in the corresponding entries in column 2.
(2)Accruing resources of the types specified in column 3 of schedule 1 may, in financial year 2001/02, be used by the Scottish Administration for the purposes specified in the corresponding entries in column 1 up to the amounts specified in column 4.
(3)Accruing resources of the types specified in column 1 of each Part of schedule 2 may, in financial year 2001/02, be used by the Scottish Administration for the purposes specified in the corresponding entries in column 2 up to the overall amount specified at the end of that Part.
(4)Such resources may be so used only through the part of the Scottish Administration through which they accrue.
(5)The Parts of that schedule set out the types of accruing resources, purposes and overall amounts by reference to the parts of the Scottish Administration through which the resources accrue and may be used.
(1)Resources other than accruing resources may, in financial year 2001/02, be used by the bodies mentioned in column 1 of schedule 3 for the purposes specified in that column up to the amounts specified in the corresponding entries in column 2.
(2)Accruing resources of the types specified in column 3 of schedule 3 may, in financial year 2001/02, be used by those bodies for the purposes specified in the corresponding entries in column 1 up to the amounts specified in column 4.
(3)Accruing resources of the types specified in column 1 of each Part of schedule 4 may, in financial year 2001/02, be used by the body to which that Part relates for the purposes specified in the corresponding entries in column 2 up to the overall amount specified at the end of that Part.
(4)The Parts of that schedule set out the types of accruing resources, purposes and overall amounts by reference to the bodies by which resources may be used in pursuance of subsection (1).
For the purposes of section 4(2) of the Public Finance and Accountability (Scotland) Act 2000 (asp 1) (“the 2000 Act”), the overall cash authorisations for financial year 2001/02 are—
(a)in relation to the Scottish Administration, £17,471,049,000,
(b)in relation to the Forestry Commissioners, £31,820,000,
(c)in relation to the Food Standards Agency, £4,809,000,
(d)in relation to the Scottish Parliamentary Corporate Body, £85,560,000,
(e)in relation to Audit Scotland, £3,972,000.
(1)This section applies where, in financial year 2001/02, it is proposed to pay out of the Scottish Consolidated Fund under section 65(1)(c) of the Scotland Act 1998 (c. 46) (“the 1998 Act”), for or in connection with expenditure of the Scottish Administration or a body mentioned in section 3(b) to (e) of this Act, a sum which does not fall within the overall cash authorisation specified in that section in relation to the Scottish Administration or, as the case may be, that body.
(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, to amend the overall cash authorisation by an order under section 7 of this 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 Scottish Parliament a report setting out the circumstances of the authorisation and why they considered it to be necessary.
(1)The amount specified for financial year 2001/02 for the purposes of section 94(5) of the Local Government (Scotland) Act 1973 (c. 65) (relevant expenditure arising from capital expenses of local authorities etc.) is £649,873,000.
(2)In schedule 5, the amounts set out in column 2 are the amounts specified for financial year 2001/02 for the purposes of the enactments listed in the corresponding entries in column 1 (which make provision as to the net borrowing of the bodies mentioned in that column).
(1)This section applies if, at the beginning of financial year 2002/03, there is no overall cash authorisation for that year for the purposes of section 4(2) of the 2000 Act.
(2)Until there is in force a Budget Act providing such authorisation, there is to be taken to be an overall cash authorisation for each calendar month of that year in relation to each of—
(a)the Scottish Administration, and
(b)the bodies mentioned in section 3(b) to (e),
of an amount determined in accordance with subsection (3) of this section; and section 4 of the 2000 Act has effect accordingly.
(3)That amount is whichever is the greater of—
(a)one-twelfth of the amount specified in section 3 in relation to the Scottish Administration or, as the case may be, the body in question, and
(b)the amount paid out of the Scottish Consolidated Fund under section 65(1)(c) of the 1998 Act in the corresponding calendar month of financial year 2001/02 for or in connection with expenditure of the Scottish Administration or that body.
(4)Subsection (2) is subject to any provision made by Budget Act for financial year 2002/03.
(1)The Scottish Ministers may by order made by statutory instrument amend—
(a)the amounts specified in sections 3 and 5(1),
(b)schedules 1 to 4,
(c)column 2 of schedule 5.
(2)No order may be made under subsection (1) unless a draft of it has been laid before, and approved by resolution of, the Scottish Parliament.
Part 2 (financial year 2001/02) of the Budget (Scotland) Act 2000 (asp 2) is repealed.
(1)In this Act—
“the 1998 Act” means the Scotland Act 1998 (c. 46),
“the 2000 Act” means the Public Finance and Accountability (Scotland) Act 2000 (asp 1).
(2)References in this Act to accruing resources in relation to the Scottish Administration or any body are to such resources accruing to the Scottish Administration or, as the case may be, that body in financial year 2001/02.
(3)Except where otherwise expressly provided, expressions used in this Act and in the 2000 Act have the same meanings in this Act as they have in that Act.
This Act may be cited as the Budget (Scotland) Act 2001.
(introduced by section 1)
Purpose | Amount of resources other than accruing resources | Type of accruing resources | Amount of accruing resources |
---|---|---|---|
1. For use by the Scottish Ministers (through the Scottish Executive Rural Affairs Department) on market support; support for agriculture in special areas including crofting communities; rural development, agri-environmental and farm woodland measures; compensation to sheep producers; animal health; agricultural education; advisory, research and development services; botanical and scientific services; assistance to production, marketing and processing; administration, land management and other agricultural services; assistance to the Scottish fisheries sector; fishery protection; other services including fisheries research and development and special services; natural heritage; environment protection; rural affairs; flood prevention; coastal protection; air quality monitoring; loans to new water and sewerage authorities and other water grants | £989,502,000 | Sale of surplus land, buildings and equipment; sale of holdings to existing tenants; repayment of non-voted loans by new water and sewerage authorities | £6,019,000 |
2. For use by the Scottish Ministers (through the Scottish Executive Development Department) on revenue support grants and payment of non-domestic rates in Scotland; special grants relating to council tax and spend-to-save scheme; housing subsidies; financial support for Scottish Homes; new housing partnerships; sponsorship of Energy Action Scotland; other expenditure, contributions and grants relating to housing; other central and environmental services, including flood and storm emergencies; sites for travelling people; residual grants to housing associations; roads and certain associated services, including the acquisition of land, lighting and road safety; assistance to local transport; support for transport services in the highlands and islands; piers and harbours; grant aid to British Waterways Board in respect of Scotland’s inland waterways; funding for most of the rail services in Scotland; other rail grants; certain other transport services and grants; grants for the Social Inclusion Partnership Fund and other services; other urban regeneration initiatives; expenditure relating to Highlands and Islands Airports Limited and the privatisation of the Scottish Bus Group; grants to local authorities forming part of the Strathclyde Passenger Transport Area; other sundry services in connection with the environment; European Regional Development Fund and European Social Fund grants to public corporations, non-departmental public bodies, local authorities and other bodies and organisations; grants to voluntary organisations and other costs associated with the voluntary sector; expenditure relating to equalities issues | £7,161,883,000 | Sale of property, land and equipment; repayment of loans; recoverable VAT and European Regional Development Fund grants | £100 |
3. For use by the Scottish Ministers (through the Scottish Executive Education Department) on schools; pre-school education; childcare; associated social work services including the Scottish Children’s Reporter Administration; educational development; research and promotion; training and development of teachers; curriculum development; international and other educational services, including support for School Boards, training, research and educational technology; HM Inspectors of Schools; sport; community education; support for the cultural heritage of Scotland, including the Gaelic language; arts, libraries, museums and galleries, including purchase grants; cultural and scientific activities and organisations; historic buildings and monuments (including administration); architecture; publicity; indemnities; administration; central government grants to non-departmental public bodies and local authorities; pensions, allowances, gratuities etc. payable in respect of the teachers' and national health service pension schemes; running and capital costs of the Scottish Public Pensions Agency | £940,896,000 | Recoverable VAT | £100 |
4. For use by the Scottish Ministers (through the Scottish Executive Enterprise and Lifelong Learning Department) on grant in aid for the Scottish Higher Education Funding Council, the Scottish Further Education Funding Council, Scottish Enterprise, Highlands and Islands Enterprise and the Scottish Tourist Board; funding for the Student Awards Agency for Scotland; careers guidance; departmental investment assistance grants and sundry enterprise and lifelong learning related activities | £2,204,318,000 | Repayment of student loans; repayment of voted loans (capital) by Scottish Enterprise; refunds of grants for Regional Selective Assistance, Regional Development and Regional Enterprise | £50,313,000 |
5. For use by the Scottish Ministers (through the Scottish Executive Health Department) on hospital and community health services, including the clinical negligence and other risks scheme; family health services; community care, including grants to local authorities; grants to voluntary organisations; social care; welfare food; the Scottish Drugs Challenge Fund; other health services | £5,550,182,000 | Sale of land, buildings, vehicles, equipment and property | £12,100,000 |
6. For use by the Scottish Ministers (through the Scottish Executive Justice Department) on legal aid (including administration); criminal injuries compensation (including administration); certain services relating to crime including the Parole Board for Scotland; the Scottish Prison Service; the Scottish Prisons Complaints Commission; the Scottish Criminal Cases Review Commission; police services (including grants to local authorities) and superannuation of police on secondment; costs associated with the holding of criminal justice proceedings in a third country (the Lockerbie trial); fire services (including Scottish Fire Service Training School and superannuation); civil defence (including grants); invest to save budget and other protective and miscellaneous services; criminal justice, social work services and victim issues including probation and supervised attendance orders; grants to voluntary organisations; court services; certain legal services; costs and fees in connection with legal proceedings | £1,037,388,000 | Sale of police vehicles; sale of prison land, buildings, staff quarters, vehicles, equipment and property | £2,901,000 |
7. For use by the Scottish Ministers on administrative costs and operational costs; costs of administration of the Scottish courts; administrative costs of the Scottish Law Commission; costs of providing continuing services to the Scottish Parliament; the Mental Welfare Commission for Scotland; costs associated with the functions of the Queen’s Printer for Scotland; grants to the Civic Forum; expenditure in connection with external relations initiatives | £213,374,000 | Income from sale of surplus capital assets | £63,000 |
8. For use by the Registrar General of Births, Deaths and Marriages for Scotland (through the General Register Office for Scotland) on administrative costs and operational costs | £16,835,000 | — | — |
9. For use by the Scottish Ministers and the Keeper of the Records of Scotland (through the National Archives of Scotland) on administrative costs; acquiring record material; support for the Scottish and European Archive Network; The Acts of Parliament; conservation grants to local archives; grant to the Business Archives Council of Scotland | £7,629,000 | Income from sale of surplus assets | £55,000 |
10. For use by the Lord Advocate (through the Crown Office and the Procurator Fiscal Service) on administrative costs, including fees paid to temporary procurators fiscal, witness expenses and other costs associated with Crown prosecutions; costs of holding criminal justice proceedings in a third country (Lockerbie Trial) | £54,993,000 | — | — |
(introduced by section 1)
Type of accruing resources | Purpose |
---|---|
1. Income of the Scottish Agricultural Science Agency (SASA) under Service Level Agreement | SASA expenditure |
2. Sale of carcasses; repayment of loans under Crofting Building Loan Scheme; bond fees and insurance; European Union contributions towards Hill Livestock Compensatory Allowances and rural development measures | Related structural and agri-environmental expenditure |
3. Contributions under the superannuation scheme for the Scottish Agricultural College and Agricultural and Biological Research Institutes; rents and wayleaves; recovery of costs in connection with land drainage; fees for Common Agricultural Policy Scheme appeals; sales of produce; charges under livestock schemes; pension contributions from members of the Crofters Commission and the Deer Commission; charges for cattle passports, publication and statistics; European Union payments for Farm Account data | Related agricultural services expenditure |
4. Repayment of loans to harbour authorities; charges for licences under the Food and Environment Protection Act 1985, publications and statistics | Related fisheries expenditure |
5. Charges for plant health and control work, seed and variety testing and pesticides work; sales of produce; charges for advisory visits, certifications, testing plants, animals and fish; charges for hire of equipment, publications and statistics | Related SASA, Fisheries Research Services (FRS) and Scottish Fisheries Protection Agency (SFPA) expenditure |
6. Income of SASA, FRS and SFPA from services provided to external customers | SASA, FRS and SFPA expenditure |
7. Recoverable VAT; sale of research results and publications | Expenditure on environmental services |
8. Repayment of loans | Expenditure on the new water and sewerage authorities |
Overall amount: £16,500,000
Type of accruing resources | Purpose |
---|---|
1. Income from European Regional Development Fund and European Social Fund | Expenditure on projects supported by European Union funding |
2. Recoverable VAT; income from the sale of research results and publications; income from deemed hazardous substances consent | Expenditure on environmental services |
3. Rents from land and property; Erskine Bridge toll income; recoverable VAT | Expenditure on motorways and trunk roads |
4. Income in respect of legal costs recovered by the Local Government Boundary Commission | Payments to the Local Government Boundary Commission |
5. Recovery of unused grant from voluntary organisations | Expenditure on voluntary sector |
6. Recoverable VAT | Payment to Energy Action Grant Agency |
Overall amount: £6,000,000
Type of accruing resources | Purpose |
---|---|
1. Recovery of costs from local authorities in respect of self-governing schools | Expenditure on education services |
2. Contributions in respect of teachers' and national health service superannuation | Expenditure on teachers' and national health service superannuation |
3. Administration charges in respect of services undertaken by the Scottish Public Pensions Agency; recoverable VAT | Running costs of the Scottish Public Pensions Agency |
4. Admission charges and other income; recoverable VAT | Expenditure on historic buildings and monuments |
5. Pensions contributions | Expenditure on pensions |
Overall amount: £583,000,000
Type of accruing resources | Purpose |
---|---|
1. Repayments of student grants | Expenditure of the Student Awards Agency for Scotland |
2. Recoverable VAT on payments to careers service companies | Expenditure on careers guidance |
3. Recoverable VAT on miscellaneous expenditure | Other enterprise and lifelong learning expenditure |
4. Income from property management, investment management and other fees | Expenditure on Scottish Enterprise and Highlands and Islands Enterprise |
Overall amount: £20,000,000
Type of accruing resources | Purpose |
---|---|
1. Charges to private patients; income generation schemes; dividends on public dividend capital loans to NHS trusts; interest on loans to NHS trusts; charges for the processing of plasma for the Department of Health, Social Services and Public Safety Northern Ireland; handling charges for blood products; sales of antibodies and related products; repayments of Project 2000 bursaries; contributions from NHS trusts to clinical negligence and other risks scheme; National Insurance contributions | Expenditure on hospital and community health services |
2. Prescription charges collected by dispensing doctors, pharmacists, Health Boards and appliance suppliers; sales of prescription pre-payment certificates; payments under the Pharmaceutical Price Regulation Scheme; rental of national health service properties; charges collected by dental practitioners and ophthalmologists; recovery of charges from patients, dispensing contractors and practitioners | Expenditure on family health services |
3. Sales of publications; fees for conferences and courses; royalties from projects developed with departmental assistance; sales of vitamin drops and tablets at national health service clinics; recoverable VAT; other miscellaneous income | Expenditure on other health services |
Overall amount: £737,000,000
Type of accruing resources | Purpose |
---|---|
1. Superannuation contributions for police officers on secondment to the Scottish Police College (SPC); charges for students from outwith Scottish Police Forces; charges for use of SPC for various activities | Expenditure of the SPC |
2. Contributions made by the Scottish Police Federation to the cost of salaries, etc. of their secretary and chairman; recoverable VAT on non-SPC common police service expenditure | Expenditure on police services |
3. Income from sale of prison-manufactured goods, services and other industries income; various income including income from land and buildings; recoverable VAT | Expenditure of the Scottish Prison Service |
4. General income of the Scottish Fire Service Training School, including that from fire-related and other organisations which use the school’s teaching and conference facilities on a repayment basis; recoverable VAT | Expenditure of the Scottish Fire Service Training School |
5. Civil defence income from sale of surplus and obsolete equipment; course income; rents from other bodies using radio masts or stations owned by the Scottish Executive; recoverable VAT in respect of severe weather warning systems | Expenditure on civil defence (including grants) |
6. Superannuation contributions collected by the Scottish Legal Aid Board | Expenditure on legal aid |
7. Recoverable VAT on criminal law, civil law and social work research; income from cinematography exemption certificate fees and criminal statistics | Miscellaneous expenditure |
8. Fees for civil cases; rent from minor occupiers; recoverable VAT for contracted out services | Expenditure of the Scottish Court Service |
Overall amount: £28,000,000
Type of accruing resources | Purpose |
---|---|
1. Payments from departments outwith the Scottish Executive for professional services; income from the Statistical Office of the European Union; discounts; recoveries of legal costs; income from other services; New Deal income; recoveries from the National Insurance Fund; repayments of loans made to members of staff for house purchase; rent from minor occupiers; recoverable VAT; European Fast Stream income | Scottish Executive core departments running costs |
2. Recoveries of salaries and other expenses of outward seconded and loaned staff; recoveries of salaries of staff assigned to the Criminal Injuries Compensation Agency (CICA) | Expenditure on outward seconded and loaned staff and staff assigned to CICA |
3. Income from sequestration | Expenditure on the Accountant in Bankruptcy |
Overall amount: £14,000,000
Type of accruing resources | Purpose |
---|---|
1. Income from sales of records services; sales of extracts on the Internet; income from minor occupiers; recoverable VAT | Expenditure on Records Enterprise |
2. Income from sales of records services; income from minor occupiers; recoverable VAT | Registration expenditure |
3. Income from Scottish Executive for running the National Health Service Central Register; income from sales of information by National Health Service Central Register; income from sales of vital statistics; income from minor occupiers; recoverable VAT | Expenditure on vital events and national health service |
4. Income from sales of Census and other geographical information; sales of population statistics; income from IT services; income from minor occupiers; recoverable VAT | Expenditure on Census and population statistics |
Overall amount: £3,500,000
Type of accruing resources | Purpose |
---|---|
1. Fees for the issue of photocopy orders; professional searchers contract fees; inspection fees; issue of microfilm and sale of facsimiles; income from conservation and binding services; a contribution from General Register Office for Scotland for binding services; income from Registers of Scotland Executive Agency for shared accommodation; recoverable VAT | Running costs of the National Archives of Scotland |
Overall amount: £700,000
Type of accruing resources | Purpose |
---|---|
1. Fees charged for administering the estates of persons who die intestate and without known heirs; ultimus haeres; sale of Statute Amendments; income from the sale of waste paper and obsolete office machinery; minor occupancy income; recoverable VAT; contributions towards postal citation scheme; minor miscellaneous income | Running costs of the Crown Office and Procurator Fiscal Service |
Overall amount: £700,000
(introduced by section 2)
Purpose | Amount of resources other than accruing resources | Type of accruing resources | Amount of accruing resources |
---|---|---|---|
1. For use by the Forestry Commissioners in or as regards Scotland on the promotion of forestry in Scotland, including support to the private sector for planting of new forest and woodlands, replanting after felling and maintenance grants for improvements; regulating forestry activity through the application of forest management standards and felling controls; managing the Forestry Commission’s forests in Scotland; associated administrative costs, including an appropriate share of the Commission’s headquarters and central service costs | £82,437,000 | Miscellaneous income | £100 |
2. For use by the Food Standards Agency in or as regards Scotland on administrative and operational costs, including research, monitoring and surveillance and public information and awareness relating to food safety and standards; the Meat Hygiene Service | £4,855,000 | Miscellaneous income | £100 |
3. For use by the Scottish Parliamentary Corporate Body on ongoing costs associated with the administration and operation of the Scottish Parliament; payments in respect of the functions of the Scottish Parliamentary Commissioner for Administration; any other payments relating to the Scottish Parliament | £95,708,000 | Miscellaneous income | £100 |
4. For use by Audit Scotland, including assistance and support to the Auditor General for Scotland and the Accounts Commission for Scotland and other audit work for public bodies | £4,737,000 | Income from sale of IT equipment | £1,000 |
(introduced by section 2)
Type of accruing resources | Purpose |
---|---|
1. Recoveries of grants; repayments by staff of loans and other recoverable expenses; miscellaneous income from sales of publications, training courses etc.; recoverable VAT | Policy, regulatory and grant-giving functions |
Overall amount: £100
Type of accruing resources | Purpose |
---|---|
1. Income from charges for veterinary supervision and other services provided by the Meat Hygiene Service | Expenditure of the Meat Hygiene Service |
2. Income from sale of publications and income generation schemes | Expenditure of the Food Standards Agency in or as regards Scotland |
Overall amount: £100
Type of accruing resources | Purpose |
---|---|
1. Broadcasting income; recoverable VAT; gifts; income from commercial sales and other services provided to the public | Expenditure on administrative costs of the Scottish Parliament |
Overall amount: £500,000
Type of accruing resources | Purpose |
---|---|
1. Fees and charges for audit work; recoveries of costs associated with the functions of the Auditor General for Scotland and the Accounts Commission for Scotland; miscellaneous income from publications, conferences etc.; recoveries of costs of seconded staff; repayments of staff loans; recoveries of car leasing payments; recoverable VAT; interest received on working balances | Expenditure of Audit Scotland, the Auditor General for Scotland and the Accounts Commission for Scotland |
Overall amount: £14,000,000
(introduced by section 5)
Enactment | Amount |
---|---|
1. Paragraph 2A of Schedule 7B to the National Health Service (Scotland) Act 1978 (c. 29) (NHS trusts) | £50,000,000 |
2. Section 7 of the Housing (Scotland) Act 1988 (c. 43) (Scottish Homes) | Nil |
3. Section 25 of the Enterprise and New Towns (Scotland) Act 1990 (c. 35) (Scottish Enterprise) | £10,000,000 |
4. Section 26 of that Act (Highlands and Islands Enterprise) | £1,000,000 |
5. Section 84 of the Local Government etc. (Scotland) Act 1994 (c. 39) (new water and sewerage authorities) | £256,300,000 |
6. Section 48 of the Environment Act 1995 (c. 25) (Scottish Environment Protection Agency) | Nil |
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