The Budget (Scotland) Act 2007 Amendment Order 2007
Draft 2007, ISBN 9780110784823
Draft Order laid before the Scottish Parliament under section 7(2) of the Budget (Scotland) Act 2007, for approval by resolution of the Scottish Parliament.
PUBLIC FINANCE AND ACCOUNTABILITY
Made
Coming into force in accordance with article 1
The Scottish Ministers make the following Order in exercise of the powers conferred by section 7(1) of the Budget (Scotland) Act 2007f1 and all other powers enabling them to do so.
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.
Annotations to the whole text
Footnotes
- f1
Contents
- 1Citation, commencement and interpretation
- 2Amendment of section 3 of the 2007 Act
- 3Amendment of schedule 1 to the 2007 Act
- 4Amendment of schedule 2 to the 2007 Act
- 5Amendment of schedule 3 to the 2007 Act
- Signature
- Explanatory note
1Citation, commencement and interpretation
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.
In this Order, “the 2007 Act” means the Budget (Scotland) Act 2007.
2Amendment of section 3 of the 2007 Act
In section 3 of the 2007 Act (overall cash authorisations)–
in paragraph (a), for “£26,145,154,000” substitute “£26,639,917,000”;
in paragraph (b), for “£66,349,000” substitute “£77,649,000”; and
in paragraph (e), for “£6,585,000” substitute “£9,032,000”.
3Amendment of schedule 1 to the 2007 Act
Schedule 1 to the 2007 Act (the Scottish Administration) is amended in accordance with paragraphs (2) to (5).
In column 1 (purpose)–
in relation to the first purpose–
for “the Scottish Executive Environment and Rural Affairs Department” substitute “their Rural Affairs and the Environment portfolio”; and
for the words from “loans” to the end substitute “miscellaneous water grants (including the Drinking Water Quality Regulator for Scotland)”;
in relation to the second purpose–
for “the Scottish Executive Development Department” substitute “their Health and Wellbeing portfolio”;
omit “departmental”;
omit the words from “planning” to “sectors;”;
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
omit “Scottish Building Standards Agency”.
in relation to the third purpose–
for “the Scottish Executive Education Department” substitute “their Education and Lifelong Learning portfolio”;
after “childcare;” insert “youth work;”; and
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”;
omit the entry in relation to the fourth purpose;
omit the entry in relation to the fifth purpose;
in relation to the sixth purpose–
for “the Scottish Executive Justice Department” substitute “their Justice portfolio”; and
for “voluntary organisations” substitute “the third sector”;
in relation to the ninth purpose, after “including” insert “building works associated with the creation of the Scottish Family History Centre and”;
in relation to the tenth purpose–
for “the Scottish Executive Finance and Central Services Department” substitute “their Finance and Sustainable Growth portfolio”;
for “other departmental services” substitute “other portfolio services”;
omit “grants to the Civic Forum;”;
for “modernising government and efficient government” substitute “public sector reform and efficiency”;
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
after the thirteenth purpose, insert–
“14For 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.”.
In column 2 (amount of resources other than accruing resources)–
in relation to the first purpose, for “£938,076,000” substitute “£987,452,000”;
in relation to the second purpose, for “£1,323,561,000” substitute “£9,931,474,000”;
in relation to the third purpose, for “£1,094,349,000” substitute “£3,217,882,000”;
omit the entry in relation to the fourth purpose;
omit the entry in relation to the fifth purpose;
in relation to the sixth purpose, for “£1,671,921,000” substitute “£1,680,470,000”;
in relation to the seventh purpose, for “£251,565,000” substitute “£252,886,000”;
in relation to the eighth purpose, for “£10,324,000” substitute “£12,599,000”;
in relation to the ninth purpose, for “£10,068,000” substitute “£12,768,000”;
in relation to the tenth purpose, for “£8,060,906,000” substitute “£11,580,893,000”;
in relation to the eleventh purpose, for “£2,006,670,000” substitute “£2,647,902,000”; and
in relation to the fourteenth purposef1, insert “£254,173,000”.
In column 3 (type of accruing resources)–
in relation to the first purpose, omit “repayment of loans by Scottish Water”;
in relation to the third purpose, at the end insert “; the repayment of student loans”;
omit the entry in relation to the fourth purpose;
omit the entry in relation to the fifth purpose;
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
in relation to the fourteenth purpose, insert “Sale of land, buildings and equipment”.
In column 4 (amount of accruing resources)–
in relation to the second purpose, for “£100” substitute “£15,000,000”;
in relation to the third purpose, for “£100” substitute “£65,000,000”;
omit the entry in relation to the fourth purpose;
omit the entry in relation to the fifth purpose;
in relation to the sixth purpose, for “£2,800,000” substitute “£2,700,000”; and
in relation to the tenth purpose, insert “£6,000,000”.
4Amendment of schedule 2 to the 2007 Act
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).
In Part 1–
in the heading, for “Scottish Executive Environment and Rural Affairs Department” substitute “Rural Affairs and the Environment portfolio”; and
omit–
“
Repayment of loans
Expenditure on Scottish Water ”.
In Part 2–
in the heading, for “Scottish Executive Development Department” substitute “Health and Wellbeing portfolio”;
in column 2 (purpose) in relation to the first entry, for “Expenditure on miscellaneous Development Department programmes” substitute “Expenditure on miscellaneous communities programmes”;
omit–
“
Recovery of unused grant from voluntary organisations
Expenditure on voluntary sector ”;
omit–
“
Fees for functions carried out by the Scottish Building Standards Agency
Expenditure of the Scottish Building Standards Agency ”;
after the ninth entry, insert–
“
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 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 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 Income from fees charged by the Scottish Commission for the Regulation of Care
Expenditure on community care ”; and
in relation to the overall amount, for “£100” substitute “£1,626,800”.
In Part 3–
in the heading, for “Scottish Executive Education Department” substitute “Education and Lifelong Learning portfolio”;
for–
“
Income from admissions and retail at monuments operated by Historic Scotland and external partnership funding for capital projects
Expenditure on tourism and culture Income from sales and grants in respect of the Royal Commission on Ancient and Historic Monuments of Scotland
Expenditure on tourism and culture ”
substitute–
“
Repayment of student awards and interest capitalised on student loans
Expenditure of the Student Awards Agency for Scotland Income from the Graduate Endowment Scheme
Expenditure on student support relating to the provision of allowances for living costs and loans Sums accruing from Lifelong Learning related activities
Expenditure on Lifelong Learning related activities ”; and
in relation to the overall amount, for “£25,989,000” substitute “£75,500,000”.
Omit Part 4.
Omit Part 5.
In Part 6–
in the heading, for “Scottish Executive Justice Department” substitute “Justice portfolio”; and
in relation to the overall amount, for “£29,571,000” substitute “£36,000,000”.
In Part 7, in relation to the purpose corresponding to the first type of accruing resources, omit “departments”.
In Part 8, in relation to the overall amount, for “£5,200,000” substitute “£5,500,000”.
In Part 9, for “Register Archives Collection” substitute “for services provided”.
In Part 10–
in the heading, for “Scottish Executive Finance and Central Services Department” substitute “Finance and Sustainable Growth portfolio”;
omit–
“
Income from marketing
Expenditure on marketing ”;
after the fourth entry, insert–
“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
in relation to the overall amount, for £100 substitute £212,100,000”.
After Part 12, insert–
“PART 13
FIRST MINISTER'S PORTFOLIO
Type of accruing resources Purpose Income from admissions and retail at monuments operated by Historic Scotland and external partnership funding for capital projects
Expenditure on culture Income from sales and grants in respect of the Royal Commission on Ancient and Historic Monuments of Scotland
Expenditure on culture Income from marketing
Expenditure on marketing Overall amount: £25,005,000”.
5Amendment of schedule 3 to the 2007 Act
In column 2 (amount of resources other than accruing resources) of schedule 3 to the 2007 Act (direct-funded bodies)–
in relation to the first purpose, for “£84,402,000” substitute “£101,402,000”; and
in relation to the fourth purpose, for “£7,108,000” substitute “£9,692,000”.
Signature
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
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–
alter the overall cash authorisations in respect of three of the five bodies referred to in section 3 (article 2);
restate the purposes for which resources may be used in accordance with section 1 and schedule 1 (article 3(2));
restate the amount of resources other than accruing resources that may be used for the purposes set out in schedule 1 (article 3(3));
restate the type of accruing resources which may be used in accordance with section 1 and schedule 1 (article 3(4));
restate the amounts of accruing resources in schedule 1 (article 3(5)).
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));
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));
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
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)(c)).
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). | |||||||||
| 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 | |||||||
| Office of the Charity Regulator | 3,600,000 | ||||||||
| Crown Office and Procurator Fiscal Service | 100,579,000 | The First Minister | |||||||
| Total Scottish Administrationf1 | 29,573,675,000 | Culture from Education | 219,571,000 | ||||||
| International Relations, Statistics and Advertising from Finance and Public Service Reform | 23,792,000 | ||||||||
| Forestry Commission | 84,402,000 | Cabinet Secretary for Finance and Sustainable Growth | |||||||
| Food Standards Agency | 10,771,000 | Tourism from Education | 43,350,000 | ||||||
| Scottish Parliamentary Corporate Body | 98,234,000 | Transport from Enterprise, Transport and Lifelong Learning | 2,343,000,000 | ||||||
| Audit Scotland | 7,108,000 | Enterprise from Enterprise, Transport and Lifelong Learning | 612,260,000 | ||||||
| Scottish Water from Environment and Rural Affairs | 320,700,000 | ||||||||
| … | |||||||||
| Total Scottish Executive | 29,774,190,000 | ||||||||
| Cabinet Secretary for Health and Wellbeing | |||||||||
| Communities from Development | 1,302,027,000 | ||||||||
| Sport from Education | 32,532,000 | ||||||||