The Scotland Act 2012 (Commencement No. 4) Order 2014
S.I. 2014/3250 · Made 8 December 2014
Constitutional Law
Devolution, Scotland
Made 8th December 2014
The Treasury make the following Order in exercise of the powers conferred by section 44(4) of the Scotland Act 2012f1:
Annotations to the whole text
Footnotes
- f1
Contents
1Citation
This Order may be cited as the Scotland Act 2012 (Commencement No. 4) Order 2014.
2Appointed Day
The day appointed for the coming into force of section 32 (borrowing by the Scottish Ministers) of the Scotland Act 2012 is 12th December 2014.
Signature
Mark Lancaster
Gavin Barwell
Two of the Lords Commissioners of Her Majesty’s Treasury
8th December 2014
Explanatory note
(This note is not part of the Order)
Article 2 of this Order commences section 32 of the Scotland Act 2012 (c.11) (the “2012 Act”) on 12th December 2014. This section amends sections 66 and 67 of the Scotland Act 1998 (c.46) to revise the circumstances under which the Scottish Ministers may borrow and set out the main controls and limits on such borrowing. These amendments enable the Scottish Ministers to borrow - subject to HM Treasury’s controls and limits - for the following purposes:
to meet a ‘temporary excess of sums paid out of the Scottish Consolidated Fund (SCF) over the sums paid into the fund’ – this means that the Scottish Government can borrow to manage excessive in-year volatility of receipts, where actual income differs greatly from the forecast receipts for that month;
to provide a working balance to the SCF, i.e. enough balance to ensure cash-flow;
to meet the differences between forecast and outturn receipts for devolved taxes or from income tax charged by virtue of a Scottish rate resolution; and
to fund capital expenditure.