2009 No. 537
Constitutional Law
Devolution, Scotland

The Scotland Act 1998 (Designation of Receipts) Order 2009

Made
Laid before the House of Commons
Coming into force
The Treasury, after consultation with the Scottish Ministers, make this Order in exercise of the powers conferred on them by sections 64(5) and 115 of, and Schedule 7 to, the Scotland Act 19981.

Citation and commencement1.

This Order may be cited as the Scotland Act 1998 (Designation of Receipts) Order 2009 and shall come into force on 31st March 2009.

Designated receipts2.

(1)

Receipts of any description specified in paragraph (2) below, so far as they are payable into the Scottish Consolidated Fund (or would be but for provision made by or under an Act of the Scottish Parliament), shall be designated receipts for the purposes of subsections (5) to (7) of section 64 of the Scotland Act 1998.

(2)

The specified descriptions of receipts are —

(a)

forfeitures and fixed penalties;

(b)

fines, other than amounts equal to expenses which were—

(i)

incurred in connection with justice of the peace business; and

(ii)

defrayed from fines imposed in proceedings in justice of the peace courts2.

(c)

dividends on public dividend capital;

(d)

interest, other than interest on—

(i)

any loan that was provided by Scottish Homes under section 2(2) of the Housing (Scotland) Act 19883;

(ii)

£1,555,554 of 6% Convertible Unsecured Loan Stock dated 23rd February 2001, held in Partnerships (UK) Limited; and

(iii)

any voted loans issued by the Scottish Executive since 1st June 1999.

Revocation3.

The Scotland Act 1998 (Designation of Receipts) Order 20044 is revoked.
Frank Roy
Tony Cunningham
Two of the Lords Commissioners of Her Majesty’s Treasury
EXPLANATORY NOTE
(This note is not part of the Order)

This Order specifies the receipts of the Scottish Ministers and other office holders in the Scottish Administration that are to be designated receipts. In accordance with section 64(6) of the Scotland Act 1998, the Scottish Ministers must pay to the Secretary of State sums equal to the amount of the designated receipts.

This Order revokes the Scotland Act 1998 (Designation of Receipts) Order 2004.