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The Budget (Scotland) Act 2007 Amendment Order 2007

Type Scottish-Statutory-Instrument

Publication 2007-12-05

State In force

Jurisdiction Scotland

Department Queen's Printer for Scotland

Source legislation.gov.uk

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Made: 5th December 2007

Coming into force in accordance with article 1

In accordance with section 7(2) of that Act, a draft of this Order has been laid before and approved by resolution of the Scottish Parliament.

Citation, commencement and interpretation

1

(1) This Order may be cited as the Budget (Scotland) Act 2007 Amendment Order 2007 and comes into force on the day after the day on which it is made.

(2) In this Order, “the 2007 Act” means the Budget (Scotland) Act 2007.

Amendment of section 3 of the 2007 Act

2

In section 3 of the 2007 Act (overall cash authorisations)–

(a) in paragraph (a), for “£26,145,154,000” substitute “£26,639,917,000”;

(b) in paragraph (b), for “£66,349,000” substitute “£77,649,000”; and

Amendment of schedule 1 to the 2007 Act

3

(1) Schedule 1 to the 2007 Act (the Scottish Administration) is amended in accordance with paragraphs (2) to (5).

(2) In column 1 (purpose)–

(a) in relation to the first purpose–

(i) for “the Scottish Executive Environment and Rural Affairs Department” substitute “their Rural Affairs and the Environment portfolio”; and

(ii) for the words from “loans” to the end substitute “miscellaneous water grants (including the Drinking Water Quality Regulator for Scotland)”;

(b) in relation to the second purpose–

(i) for “the Scottish Executive Development Department” substitute “their Health and Wellbeing portfolio”;

(ii) omit “departmental”;

(iii) omit the words from “planning” to “sectors;”;

(iv) after “expenditure relating to equality issues;” insert “hospital and community health services; family health services; community care; grants to local authorities and the third sector; social care; welfare food; the Scottish Drugs Challenge Fund; the Mental Health Tribunal for Scotland; payments to the Skipton Fund; other health services; sport”; and

(v) omit “Scottish Building Standards Agency”.

(i) for “the Scottish Executive Education Department” substitute “their Education and Lifelong Learning portfolio”;

(ii) after “childcare;” insert “youth work;”; and

(iii) for the words from “sport;” to the end substitute “grant in aid for the Scottish Further and Higher Education Funding Council; funding for the Student Awards Agency for Scotland and related costs, including the Student Loan Scheme and the Graduate Endowment Scheme; Enterprise in Education; Not in Education or Employment or Training; scientific and research-related activities; sundry lifelong learning activities”;

(d) omit the entry in relation to the fourth purpose;

(e) omit the entry in relation to the fifth purpose;

(f) in relation to the sixth purpose–

(i) for “the Scottish Executive Justice Department” substitute “their Justice portfolio”; and

(ii) for “voluntary organisations” substitute “the third sector”;

(g) in relation to the ninth purpose, after “including” insert “building works associated with the creation of the Scottish Family History Centre and”;

(h) in relation to the tenth purpose–

(i) for “the Scottish Executive Finance and Central Services Department” substitute “their Finance and Sustainable Growth portfolio”;

(ii) for “other departmental services” substitute “other portfolio services”;

(iii) omit “grants to the Civic Forum;”;

(iv) for “modernising government and efficient government” substitute “public sector reform and efficiency”;

(v) for the words from “international relations” to the end substitute “roads, bridges and associated services, including the acquisition of land, lighting and road safety; costs involved in the removal of tolls; assistance to local transport; support for transport services in the highlands and islands; piers and harbours including Piers and Harbours grants to local authorities and miscellaneous costs in relation to ports and harbours; support for ferry services; grant aid to British Waterways Board in respect of Scotland’s inland waterways; funding for rail infrastructure and rail services in Scotland; other expenditure relating to rail; provision for other transport services, grants and research expenditure; expenditure relating to Highlands and Islands Airports Limited and the privatisation of the Scottish Bus Group; support for bus services in Scotland; support for certain air services; transport-related grants to local authorities, Regional Transport Partnerships and the Strathclyde Passenger Transport Authority; payments to former members of Scottish Transport Group pension schemes; funding for Transport Scotland and related costs; support for concessionary fare schemes and ticketing infrastructure; costs in relation to establishing and funding the office of Scottish Road Works Commissioner; loans to Scottish Water and other water grants (including the Water Industry Commission for Scotland); grants in respect of the third sector; planning; Scottish Building Standards Agency; tourism; grant in aid for Scottish Enterprise and Highlands and Islands Enterprise; Regional Selective Assistance including Innovation and Investment grants; telecommunications infrastructure; European Structural Fund grants to public corporations, non-departmental public bodies, local authorities and other bodies and organisations; energy related activities; sundry enterprise-related activities”; and

(i) after the thirteenth purpose, insert–

(14) For use by the Scottish Ministers (through the First Minister’s portfolio) on support for the cultural heritage of Scotland, including the Gaelic language; cultural organisations; architecture; Historic Scotland; central government grants to non-departmental public bodies, local authorities and other bodies and organisations; international relations and development assistance; expenditure on committees, commissions and other portfolio services; expenditure in relation to running costs of Her Majesty’s Chief Inspector of Prosecution in Scotland.

(3) In column 2 (amount of resources other than accruing resources)–

(a) in relation to the first purpose, for “£938,076,000” substitute “£987,452,000”;

(b) in relation to the second purpose, for “£1,323,561,000” substitute “£9,931,474,000”;

(d) omit the entry in relation to the fourth purpose;

(e) omit the entry in relation to the fifth purpose;

(f) in relation to the sixth purpose, for “£1,671,921,000” substitute “£1,680,470,000”;

(g) in relation to the seventh purpose, for “£251,565,000” substitute “£252,886,000”;

(h) in relation to the eighth purpose, for “£10,324,000” substitute “£12,599,000”;

(i) in relation to the ninth purpose, for “£10,068,000” substitute “£12,768,000”;

(j) in relation to the tenth purpose, for “£8,060,906,000” substitute “£11,580,893,000”;

(k) in relation to the eleventh purpose, for “£2,006,670,000” substitute “£2,647,902,000”; and

(l) in relation to the fourteenth purpose[^f00002], insert “£254,173,000”.

(4) In column 3 (type of accruing resources)–

(a) in relation to the first purpose, omit “repayment of loans by Scottish Water”;

(b) in relation to the third purpose, at the end insert “; the repayment of student loans”;

(d) omit the entry in relation to the fifth purpose;

(e) in relation to the tenth purpose insert “Repayment of voted loans (capital) by Scottish Enterprise and Caledonian Maritime Assets Ltd; repayment of loans by the Tay Bridge Joint Board; repayment of loans by Independent Piers and Harbours Trusts; repayment of loans by Scottish Water; sale of buildings, land and equipment”; and

(f) in relation to the fourteenth purpose, insert “Sale of land, buildings and equipment”.

(5) In column 4 (amount of accruing resources)–

(a) in relation to the second purpose, for “£100” substitute “£15,000,000”;

(b) in relation to the third purpose, for “£100” substitute “£65,000,000”;

(d) omit the entry in relation to the fifth purpose;

(e) in relation to the sixth purpose, for “£2,800,000” substitute “£2,700,000”; and

(f) in relation to the tenth purpose, insert “£6,000,000”.

Amendment of schedule 2 to the 2007 Act

4

(1) Schedule 2 to the 2007 Act (accruing resources of the Scottish Administration which may be used without individual limit) is amended in accordance with paragraphs (2) to (12).

(2) In Part 1–

(a) in the heading, for “Scottish Executive Environment and Rural Affairs Department” substitute “Rural Affairs and the Environment portfolio”; and

(b) omit–

8 Repayment of loans	Expenditure on Scottish Water

(3) In Part 2–

(a) in the heading, for “Scottish Executive Development Department” substitute “Health and Wellbeing portfolio”;

(b) in column 2 (purpose) in relation to the first entry, for “Expenditure on miscellaneous Development Department programmes” substitute “Expenditure on miscellaneous communities programmes”;

3 Recovery of unused grant from voluntary organisations	Expenditure on voluntary sector

(d) omit–

7 Fees for functions carried out by the Scottish Building Standards Agency	Expenditure of the Scottish Building Standards Agency

(e) after the ninth entry, insert–

10 Charges to private patients; income generation schemes; charges for the processing of plasma for the Department of Health, Social Services and Public Safety in Northern Ireland; handling charges for blood products; sales of antibodies and related products; repayments of Project 2000 bursaries; National Insurance contributions	Expenditure on hospital and community health services
11 Prescription charges collected by dispensing doctors, pharmacists, Health Boards and appliance suppliers; sales of prescription pre-payment certificates; payments under the Pharmaceutical Price Regulation Scheme; rental of national health service properties; charges collected by dental practitioners and ophthalmologists; recovery of charges from patients, dispensing contractors and practitioners	Expenditure on family health services
12 Sales of publications; fees for conferences and courses; royalties from projects developed with portfolio assistance; sales of vitamin drops and tablets at national health service clinics; other miscellaneous income	Expenditure on other health services
13 Income from fees charged by the Scottish Commission for the Regulation of Care	Expenditure on community care

; and

(f) in relation to the overall amount, for “£100” substitute “£1,626,800”.

(4) In Part 3–

(a) in the heading, for “Scottish Executive Education Department” substitute “Education and Lifelong Learning portfolio”;

(b) for–

4 Income from admissions and retail at monuments operated by Historic Scotland and external partnership funding for capital projects	Expenditure on tourism and culture
5 Income from sales and grants in respect of the Royal Commission on Ancient and Historic Monuments of Scotland	Expenditure on tourism and culture

substitute–

4 Repayment of student awards and interest capitalised on student loans	Expenditure of the Student Awards Agency for Scotland
5 Income from the Graduate Endowment Scheme	Expenditure on student support relating to the provision of allowances for living costs and loans
6 Sums accruing from Lifelong Learning related activities	Expenditure on Lifelong Learning related activities

; and

(5) Omit Part 4.

(6) Omit Part 5.

(7) In Part 6–

(a) in the heading, for “Scottish Executive Justice Department” substitute “Justice portfolio”; and

(b) in relation to the overall amount, for “£29,571,000” substitute “£36,000,000”.

(8) In Part 7, in relation to the purpose corresponding to the first type of accruing resources, omit “departments”.

(9) In Part 8, in relation to the overall amount, for “£5,200,000” substitute “£5,500,000”.

(10) In Part 9, for “Register Archives Collection” substitute “for services provided”.

(11) In Part 10–

(a) in the heading, for “Scottish Executive Finance and Central Services Department” substitute “Finance and Sustainable Growth portfolio”;

(b) omit–

1 Income from marketing	Expenditure on marketing

5 Repayment of loans by Scottish Water	Expenditure on Scottish Water
6 Recovery of unused grant from the third sector	Expenditure on the third sector
7 Fees for functions carried out by the Scottish Building Standards Agency	Expenditure of the Scottish Building Standards Agency
8 Refunds of grants for Regional Selective Assistance including Innovation and Investment	Expenditure on Regional Selective Assistance including Innovation and Investment
9 Electricity Statutory Consent fees	Expenditure on the administration of consents for the provision of energy
10 Rents from land and property	Expenditure on motorways and trunk roads
11 Any sums accruing as a result of the dissolution of Scottish Transport Group	Payments to former members of Scottish Transport Group pension schemes
12 Sums accruing from Enterprise related activities	Expenditure on Enterprise related activities
13 Income from European Union including the European Social Fund and the European Regional Development Fund	Expenditure on European Union eligible support

; and (d) in relation to the overall amount, for £100 substitute £212,100,000

(12) After Part 12, insert–

Type of accruing resources	Purpose
Overall amount: £25,005,000	Overall amount: £25,005,000
1 Income from admissions and retail at monuments operated by Historic Scotland and external partnership funding for capital projects	Expenditure on culture
2 Income from sales and grants in respect of the Royal Commission on Ancient and Historic Monuments of Scotland	Expenditure on culture
3 Income from marketing	Expenditure on marketing

Amendment of schedule 3 to the 2007 Act

5

In column 2 (amount of resources other than accruing resources) of schedule 3 to the 2007 Act (direct-funded bodies)–

(a) in relation to the first purpose, for “£84,402,000” substitute “£101,402,000”; and

(b) in relation to the fourth purpose, for “£7,108,000” substitute “£9,692,000”.

Signed

JOHN SWINNEY — A member of the Scottish Executive — 5th December 2007

Explanatory note

(This note is not part of the Order)

This Order amends the Budget (Scotland) Act 2007 (“the 2007 Act”), which makes provision, for the financial year 2007/08, 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 and borrowing of local authorities and certain other public bodies.

It aligns the Scottish Government’s management systems and structures more closely with the new administration’s objectives. The Order reflects the reallocation of resources from the former Scottish Executive Departments to the new Scottish Government portfolios.

In particular, this Order amends the 2007 Act so as to–

(a) alter the overall cash authorisations in respect of three of the five bodies referred to in section 3 (article 2);

(b) restate the purposes for which resources may be used in accordance with section 1 and schedule 1 (article 3(2));

(c) restate the amount of resources other than accruing resources that may be used for the purposes set out in schedule 1 (article 3(3));

(d) restate the type of accruing resources which may be used in accordance with section 1 and schedule 1 (article 3(4));

(e) restate the amounts of accruing resources in schedule 1 (article 3(5)).

(f) remove types of accruing resources, and their corresponding purposes, which may be used without individual limit respectively in relation to the Rural Affairs and the Environment portfolio (article 4(2)(b)), the Health and Wellbeing portfolio (article 4(3)(c) and (d)), the Education and Lifelong Learning portfolio (article 4(4)(b)) and the Finance and Sustainable Growth portfolio (article 4(11)(1));

(g) add types of accruing resources, and their corresponding purposes, which may be used without individual limit respectively in relation to the Health and Wellbeing portfolio (article 4(3)(e)), the Education and Lifelong Learning portfolio (article 4(4)(b)) and the Finance and Sustainable Growth portfolio (article 4(11)(c));

(h) remove Part 4 (Scottish Executive Enterprise, Transport and Lifelong Learning Department) and Part 5 (Scottish Executive Health Department) and add a new Part 13 (Office of the First Minister) to schedule 2 (accruing resources of the Scottish Administration which may be used without individual limit) (article 4(5), (6) and (12)); and

(i) alter the overall amounts of accruing resources that may be used without individual limit respectively in relation to the Health and Wellbeing portfolio (article 4(3)(f)), the Education and Lifelong Learning portfolio (article 4(4)(c)), the Justice portfolio (article 4(7)(b)), the Registrar General of Births, Deaths and Marriages (article 4(9)) and the Finance and Sustainable Growth portfolio (article 4(11)(d)).

The attached table provides reconciliation between the budgets for the former Scottish Executive Departments and the new Scottish government portfolios.

*2007–08 BUDGET ACT*	*Total*	First Minister	Finance and Sustainable Growth	Health & Wellbeing	Education and Lifelong Learning	Rural Affairs and the Environment	Justice	Administration	Total
	£	£	£	£	£	£	£	£	£
1. These figures include the non cash elements of the budgets which are excluded from the figures shown in Section 3 of the Budget (Scotland) Act 2007 (Table 1.5 of the Supporting document refers).	1. These figures include the non cash elements of the budgets which are excluded from the figures shown in Section 3 of the Budget (Scotland) Act 2007 (Table 1.5 of the Supporting document refers).	1. These figures include the non cash elements of the budgets which are excluded from the figures shown in Section 3 of the Budget (Scotland) Act 2007 (Table 1.5 of the Supporting document refers).	1. These figures include the non cash elements of the budgets which are excluded from the figures shown in Section 3 of the Budget (Scotland) Act 2007 (Table 1.5 of the Supporting document refers).	1. These figures include the non cash elements of the budgets which are excluded from the figures shown in Section 3 of the Budget (Scotland) Act 2007 (Table 1.5 of the Supporting document refers).	1. These figures include the non cash elements of the budgets which are excluded from the figures shown in Section 3 of the Budget (Scotland) Act 2007 (Table 1.5 of the Supporting document refers).	1. These figures include the non cash elements of the budgets which are excluded from the figures shown in Section 3 of the Budget (Scotland) Act 2007 (Table 1.5 of the Supporting document refers).	1. These figures include the non cash elements of the budgets which are excluded from the figures shown in Section 3 of the Budget (Scotland) Act 2007 (Table 1.5 of the Supporting document refers).	1. These figures include the non cash elements of the budgets which are excluded from the figures shown in Section 3 of the Budget (Scotland) Act 2007 (Table 1.5 of the Supporting document refers).	1. These figures include the non cash elements of the budgets which are excluded from the figures shown in Section 3 of the Budget (Scotland) Act 2007 (Table 1.5 of the Supporting document refers).
Environment and Rural Affairs	938,076,000		320,700,000			617,376,000			938,076,000
Development	1,323,561,000		18,685,000	1,302,027,000	2,849,000				1,323,561,000
Education	1,094,349,000	219,571,000	43,350,000	32,532,000	798,896,000				1,094,349,000
Enterprise, Transport and Lifelong Learning	5,253,742,000		2,955,260,000		2,298,482,000				5,253,742,000
Finance and Public Service Reform	8,060,906,000	23,792,000	8,032,776,000		4,338,000				8,060,906,000
Health	8,848,314,000			8,848,314,000					8,848,314,000
Justice	1,671,921,000						1,671,921,000		1,671,921,000
Total Programme	27,190,869,000	243,363,000	11,370,771,000	10,182,873,000	3,104,565,000	617,376,000	1,671,921,000	0	27,190,869,000
Administration	251,565,000							251,565,000	251,565,000
Total Scottish Executive Core	27,442,434,000	243,363,000	11,370,771,000	10,182,873,000	3,104,565,000	617,376,000	1,671,921,000	251,565,000	27,442,434,000
GROS	10,324,000
NAS	10,068,000
Pensions	2,006,670,000	Main Transfers	Main Transfers	Main Transfers	Main Transfers	Main Transfers	Main Transfers	Main Transfers	Main Transfers
Office of the Charity Regulator	3,600,000
Crown Office and Procurator Fiscal Service	100,579,000	The First Minister	The First Minister	The First Minister	The First Minister	The First Minister	The First Minister	The First Minister	The First Minister
Total Scottish Administration[^f01000]	29,573,675,000			Culture from Education	Culture from Education	Culture from Education	Culture from Education	Culture from Education	219,571,000
				International Relations, Statistics and Advertising from Finance and Public Service Reform	International Relations, Statistics and Advertising from Finance and Public Service Reform	International Relations, Statistics and Advertising from Finance and Public Service Reform	International Relations, Statistics and Advertising from Finance and Public Service Reform	International Relations, Statistics and Advertising from Finance and Public Service Reform	23,792,000
Forestry Commission[^f01000]	84,402,000	Cabinet Secretary for Finance and Sustainable Growth	Cabinet Secretary for Finance and Sustainable Growth	Cabinet Secretary for Finance and Sustainable Growth	Cabinet Secretary for Finance and Sustainable Growth	Cabinet Secretary for Finance and Sustainable Growth	Cabinet Secretary for Finance and Sustainable Growth	Cabinet Secretary for Finance and Sustainable Growth	Cabinet Secretary for Finance and Sustainable Growth
Food Standards Agency[^f01000]	10,771,000			Tourism from Education	Tourism from Education	Tourism from Education	Tourism from Education	Tourism from Education	43,350,000
Scottish Parliamentary Corporate Body[^f01000]	98,234,000			Transport from Enterprise, Transport and Lifelong Learning	Transport from Enterprise, Transport and Lifelong Learning	Transport from Enterprise, Transport and Lifelong Learning	Transport from Enterprise, Transport and Lifelong Learning	Transport from Enterprise, Transport and Lifelong Learning	2,343,000,000
Audit Scotland[^f01000]	7,108,000			Enterprise from Enterprise, Transport and Lifelong Learning	Enterprise from Enterprise, Transport and Lifelong Learning	Enterprise from Enterprise, Transport and Lifelong Learning	Enterprise from Enterprise, Transport and Lifelong Learning	Enterprise from Enterprise, Transport and Lifelong Learning	612,260,000
				Scottish Water from Environment and Rural Affairs	Scottish Water from Environment and Rural Affairs	Scottish Water from Environment and Rural Affairs	Scottish Water from Environment and Rural Affairs	Scottish Water from Environment and Rural Affairs	320,700,000
Total Scottish Executive	29,774,190,000
		Cabinet Secretary for Health and Wellbeing	Cabinet Secretary for Health and Wellbeing	Cabinet Secretary for Health and Wellbeing	Cabinet Secretary for Health and Wellbeing	Cabinet Secretary for Health and Wellbeing	Cabinet Secretary for Health and Wellbeing	Cabinet Secretary for Health and Wellbeing	Cabinet Secretary for Health and Wellbeing
				Communities from Development	Communities from Development	Communities from Development	Communities from Development	Communities from Development	1,302,027,000
				Sport from Education	Sport from Education	Sport from Education	Sport from Education	Sport from Education	32,532,000

Footnotes

[^f00001]: 2007 asp 9.

[^f00002]: The fourteenth purpose is inserted by article 3(2)(i).

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