Part 5Finance

Expenditure

126AF1Inclusion in Budget motions of resources used by designated bodies

1

A Budget motion for a financial year may include information relating to resources expected to be used by any body that is a designated body in relation to a relevant person.

2

For the purposes of this section a body is a “designated” body in relation to a relevant person if—

a

it is designated in relation to the relevant person by an order made by the Welsh Ministers, or

b

it falls within a description of body designated in relation to the relevant person by such an order.

3

A body, or a description of body, may be designated in relation to a relevant person for a particular financial year or generally.

4

If the Welsh Ministers expect the use of resources by a body in a financial year to involve payments out of a relevant Consolidated Fund to or for the benefit of the body, they may not make an order under which the body would be a designated body for the year unless the Treasury have consented to the making of the order.

5

A relevant Consolidated Fund” means—

a

the Consolidated Fund of the United Kingdom,

b

the Scottish Consolidated Fund, or

c

the Consolidated Fund of Northern Ireland.

6

The Welsh Ministers must, where they think it appropriate, consult the Treasury before designating a body or a description of body.

7

In determining for any purpose whether a body has a particular relationship with a relevant person (for example, whether it is controlled by, or otherwise dependent on, the person), the following must be disregarded—

a

the fact that the provisions of a Budget motion relating to the relevant person in respect of a financial year include information relating to the body, and

b

the fact that the relevant person's accounts for a financial year prepared under this or any other Act include information relating to the body.

8

An order under subsection (2) is to be made by statutory instrument.

9

A statutory instrument containing an order under that subsection is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

10

But subsection (9) does not apply if a draft of the statutory instrument containing the order has been laid before, and approved by a resolution of, the National Assembly for Wales.