The Scotland Act 1998 (Transitory and Transitional Provisions) (Finance) Order 1999

Registers of Scotland Executive Agency Trading Fund

22.—(1) The provisions of this article shall cease to apply on 1st April 2000.

(2) The Registers of Scotland Executive Agency Trading Fund (referred to in this article as “the Trading Fund”), established by the Registers of Scotland Executive Agency Trading Fund Order 1996(1) (“the 1996 Order”), shall continue to exist, subject to the following provisions of this article, even although the operations in respect of which it was established have ceased to be operations of a department of the government for which any Minister of the Crown is responsible, and the 1996 Order shall remain in force and have effect accordingly.

(3) The Government Trading Funds Act 1973(2) (referred to in this article as “the 1973 Act”) shall continue to apply in relation to the Trading Fund subject to the following modifications–

(a) sections 2(2) to (6), 2A(3), 2B, 3(3), 4(4), (6B) and (7) and 4A and any provision authorising or requiring the issuing or payment of sums out of money provided by Parliament, shall not apply;

(b) any function of the responsible Minister or the Treasury shall be exercisable instead by the Scottish Ministers and any requirement for such a function to be exercised with the concurrence or approval of the Treasury shall not apply;

(c) references to the Consolidated Fund shall have effect as if they were references to the Scottish Consolidated Fund;

(d) references to Parliament or to the House of Commons shall have effect as if they were references to the Parliament;

(e) section 3(2) shall have effect as if for the words from “accruing liabilities of” to the end there were substituted “the Scottish Ministers under section 51(7) of the Scotland Act 1998 and it shall be for the Scottish Ministers to determine the sums so payable”; and

(f) section 4(5) shall have effect as if, after “United Kingdom” there were inserted “or of the Scottish Administration”.

(4) The Keeper of the Registers of Scotland shall pay out of the Trading Fund into the Scottish Consolidated Fund such sums as may be appropriate as representing accruing liabilities of the Scottish Ministers in respect of principal or interest on any sum treated by virtue of section 71(6) as an advance made by the Secretary of State to the Scottish Ministers.

(5) Section 51(5) (salaries and allowances of civil servants in the Scottish Administration) shall not apply so far as any salary or allowance mentioned in that subsection is payable out of the Trading Fund by virtue of the 1973 Act as applied by this article, and the provisions of this Order relating to receipts, expenditure and accounting, so far as they apply in relation to the operations in respect of which the Trading Fund was established, shall have effect subject to the provisions of section 3 of the 1973 Act as modified by this Order.

(6) Paragraph (3)(b) of this article shall not affect the validity of anything done by the responsible Minister or the Treasury in relation to the Trading Fund before the coming into force of this article in the exercise of any function to which that paragraph applies.

(7) Anything done by the responsible Minister or the Treasury in relation to the Trading Fund in connection with any function transferred to the Scottish Ministers by virtue of paragraph (3)(b) of this article shall, if in force immediately before the coming into force of this article, continue in force and have effect as if done by the Scottish Ministers insofar as may be necessary for the purpose of continuing its effect on or after that date.

(8) Anything which is, immediately before the coming into force of this article, in the process of being done by the responsible Minister or the Treasury in relation to the Trading Fund in connection with any function transferred to the Scottish Ministers by virtue of paragraph (3)(b) of this article may be continued on and after that date by the Scottish Ministers.

(1)

S.I. 1996/1004.

(2)

1973 c. 63. The 1973 Act was amended by sections 1 and 2 of the Government Trading Act 1990 (c. 30). The 1973 Act as amended is set out in Schedule 1 to the 1990 Act.