Page:Scotland Act 1998.pdf/64

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58c. 46
Scotland Act 1998

Part VI

(c) requires or authorises the payment of any sum into the Consolidated Fund by a person other than a Minister of the Crown,

shall have effect in relation to any Scottish functions as if it provided for the sum to be charged on the Scottish Consolidated Fund or required it to be paid out of that Fund without further approval or required or authorised it to be paid into that Fund (as the case may be).

(4) Subsections (2) and (3) do not apply to the words from the beginning of section 2(3) of the 1972 c. 68.European Communities Act 1972 (general implementation of Treaties) to “such Community obligation”.

(5) A provision of a pre-commencement enactment which authorises any sums to be applied as money provided by Parliament instead of being paid into the Consolidated Fund shall have effect in relation to any Scottish functions as if it authorised those sums to be applied as if they had been paid out of the Scottish Consolidated Fund in accordance with rules under section 65(1)(c) instead of being paid into that Fund.

(6) Where a power to lend money under a pre-commencement enactment is exercisable by the Scottish Ministers, subsection (7) applies to any sums which, for the purpose or as the result of the exercise of the power, would be required (apart from that subsection)—

(a) to be issued by the Treasury out of the National Loans Fund, or
(b) to be paid into that Fund.

(7) Those sums shall instead—

(a) be paid out of the Scottish Consolidated Fund without further approval, or
(b) be paid into that Fund,

(as the case may be).

Accounts and audit. 120. A provision of a pre-commencement enactment which—

(a) requires any account to be examined, certified and reported on by, or to be open to the inspection of, the Comptroller and Auditor General, or
(b) requires him to have access to any other document for carrying out any such examination,

shall have effect in relation to any Scottish functions (within the meaning of section 119) as if the references to the Comptroller and Auditor General were to the Auditor General for Scotland.

Requirements to lay reports etc. before Parliament. 121.—(1) This section applies where—

(a) a pre-commencement enactment makes provision for any report to be laid before Parliament or either House of Parliament, and
(b) the report concerns Scottish functions.

(2) If the report only concerns Scottish functions, it shall be laid instead before the Scottish Parliament.

(3) In any other case, it shall be laid before the Scottish Parliament as well as before Parliament or (as the case may be) either House of Parliament.