The Budget (Scotland) Act 2003 Amendment (No. 2) Order 2003

Explanatory Note

(This note is not part of the Order)

This Order amends the Budget (Scotland) Act 2003 (“the 2003 Act”), which makes provision, for financial year 2003/04, 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 use of resources, and for limits on the capital expenditure of and borrowing of local authorities and certain other public bodies.

The 2003 Act was previously amended by the Budget (Scotland) Act 2003 Amendment Order 2003 (S.I. 2003/330).

In particular, this Order further amends the 2003 Act so as to–

(a) alter the overall cash authorisations in respect of all the bodies referred to in section 3 of the 2003 Act (article 2(2));

(b) alter the maximum amount for the purposes of section 94(5) of the Local Government (Scotland) Act 1973 (c. 65) (which provides for limits on the amount of capital expenses which may be incurred by local authorities in any financial year) (article 2(3));

(c) restate the purposes for which resources may be used in accordance with section 1 and schedule 1 to the 2003 Act (article 2(4)(a)(i) and (ii));

(d) restate the amounts of resources other than accruing resources that may be used for the 11 purposes set out in schedule 1 to the 2003 Act (article 2(4)(b)(i) to (xi));

(e) restate the amounts of accruing resources in schedule 1 to the 2003 Act in respect of the first, second, third, fourth, sixth and eleventh type of accruing resources (article 2(4)(d)(i) to (vi));

(f) amend, add to, and delete certain of the types of accruing resources and corresponding purposes in Parts 1 to 11 of schedule 2 (article 2(5));

(g) alter the overall amounts of accruing resources in Parts 1 to 11 (other than 5 and 7) of schedule 2 which may be used by the bodies referred to therein without individual limit (article 2(5)); and

(h) alter in schedule 3 the amount of resources other than accruing resources which the four directly-funded bodies referred to therein may use for the purposes specified (article 2(6)).