Page:Scotland Act 1998.pdf/34

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28c. 46
Scotland Act 1998

Part II

(c) by the Minister of the Crown only with the agreement of, or after consultation with, the Scottish Ministers.

(2) Where an Order is made under subsection (1)(a) or (b) in relation to a function of a Minister of the Crown which is exercisable only with the agreement of, or after consultation with, another Minister of the Crown, the function shall, unless the Order provides otherwise, be exercisable by the Scottish Ministers free from any such requirement.

(3) An Order under this section may, in particular, provide for any function exercisable by the Scottish Ministers by virtue of an Order under subsection (1)(a) or (b) to be exercisable subject to a requirement for the function to be exercised with the agreement of, or after consultation with, a Minister of the Crown or other person.


Part III
Financial Provisions

Scottish Consolidated Fund. 64.—(1) There shall be a Scottish Consolidated Fund.

(2) The Secretary of State shall from time to time make payments into the Fund out of money provided by Parliament of such amounts as he may determine.

(3) Sums received by an office-holder in the Scottish Administration shall be paid into the Fund.

(4) Subsection (3) is subject to any provision made by or under an Act of the Scottish Parliament for the disposal of or accounting for such sums.

(5) The Treasury may, after consulting with the Scottish Ministers, by order designate receipts of any description specified in the order which are payable into the Fund (or would be but for any provision made by or under an Act of the Scottish Parliament).

(6) The Scottish Ministers shall make payments to the Secretary of State, at such times and by such methods as the Treasury may from time to time determine, of sums equal to the total amount outstanding in respect of designated receipts.

(7) Amounts required for the payment of sums under subsection (6) shall be charged on the Fund.

(8) The Fund shall be held with the Paymaster General.

Payments out of the Fund. 65.—(1) A sum may only be paid out of the Scottish Consolidated Fund if—

(a) it has been charged on the Fund by any enactment,
(b) it is payable out of the Fund without further approval by virtue of this Act, or
(c) it is paid out for or in connection with any of the purposes mentioned in subsection (2) in accordance with rules made by or under an Act of the Scottish Parliament.

(2) Those purposes are—

(a) meeting expenditure of the Scottish Administration,
(b) meeting expenditure payable out of the Fund under any enactment.