SCHEDULES

SCHEDULE 3Subsidies provided by primary legislation

Introductory

2

(1)

In this Schedule—

“appropriate authority” means—

(a)

in relation to a subsidy provided by means of an Act of Parliament, a Minister of the Crown or the Commissioners for Her Majesty’s Revenue and Customs;

(b)

in relation to a subsidy provided by means of an Act of the Scottish Parliament, the Scottish Ministers;

(c)

in relation to a subsidy provided by means of an Act or Measure of Senedd Cymru, the Welsh Ministers;

(d)

in relation to a subsidy provided by means of an Act of the Northern Ireland Assembly, the appropriate Northern Ireland department;

“appropriate court” means—

(a)

in relation to a subsidy provided by means of an Act of the Scottish Parliament, the Court of Session;

(b)

in relation to a subsidy provided by means of an Act or Measure of Senedd Cymru, the High Court in England and Wales;

(c)

in relation to a subsidy provided by means of an Act of the Northern Ireland Assembly, the High Court in Northern Ireland;

“devolved legislature”, in relation to devolved primary legislation, means—

(a)

the Scottish Parliament, in the case of an Act of that Parliament;

(b)

Senedd Cymru, in the case of an Act or Measure of Senedd Cymru;

(c)

the Northern Ireland Assembly, in the case of an Act of that Assembly;

“devolved primary legislation” means primary legislation that is not an Act of Parliament;

“promoter”, in relation to a Bill introduced in Parliament, means (subject to sub-paragraph (2)) the member of Parliament in charge of the Bill;

“promoter”, in relation to proposed devolved primary legislation, means (subject to sub-paragraph (2))—

(a)

in the case of a Bill introduced in the Scottish Parliament—

  1. (i)

    the Scottish Ministers, or

  2. (ii)

    where the member of the Scottish Parliament in charge of the Bill is not a member of the Scottish Government, that member of the Parliament;

(b)

in the case of a Bill or proposed Assembly Measure introduced in Senedd Cymru—

  1. (i)

    the Welsh Ministers, or

  2. (ii)

    where the member of the Senedd in charge of the Bill or Measure is not a member of the Welsh Government, that member of the Senedd;

(c)

in the case of a Bill introduced in the Northern Ireland Assembly, the member of the Assembly in charge of the Bill;

“proposed devolved primary legislation” means—

(a)

in the case of devolved primary legislation of the Scottish Parliament, a Bill for an Act of that Parliament;

(b)

in the case of devolved primary legislation of Senedd Cymru, a Bill for an Act of the Senedd or, in the case of a proposed Assembly Measure, a Measure of the Senedd;

(c)

in the case of devolved primary legislation of the Northern Ireland Assembly, a Bill for an Act of that Assembly;

“proposed primary legislation” means—

(a)

a Bill introduced in Parliament or proposed devolved primary legislation, or

(b)

a proposal to introduce any such Bill or proposed devolved primary legislation;

“subsidy proceedings” means proceedings before the appropriate court in connection with this Act in relation to a subsidy provided by means of devolved primary legislation.

(2)

Where a subsidy provided by means of primary legislation resulted from an amendment to the proposed primary legislation concerned, the “promoter” of the proposed primary legislation for the purposes of this Schedule, so far as relating to that subsidy, is the member who tabled or lodged the amendment.