Draft Order in Council laid before Parliament under the Northern Ireland Act 1974, Schedule 1 paragraph 1(4)(a), for approval by resolution of each House of Parliament.
1998 No. (N.I. )
Financial Provisions (Northern Ireland) Order 1998
Made
Coming into operation
At the Court at , the day of 1998
Present,
The Queen’s Most Excellent Majesty in Council
Whereas a draft of this Order has been approved by a resolution of each House of Parliament:
Now, therefore, Her Majesty, in exercise of the powers conferred by paragraph 1 of Schedule 1 to the [1974 c. 28] Northern Ireland Act 1974 and of all other powers enabling Her in that behalf, is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Title and commencement1
1
This Order may be cited as the Financial Provisions (Northern Ireland) Order 1998.
2
This Order shall come into operation on 31st March 1998.
Interpretation2
1
The [1954 c. 33 (N.I.).] Interpretation Act (Northern Ireland) 1954 shall apply to Article 1 and the following provisions of this Order as it applies to a Measure of the Northern Ireland Assembly.
2
In this Order—
“the Act of 1950” means the [1950 c. 3 (N.I.).] Exchequer and Financial Provisions Act (Northern Ireland) 1950;
“the Comptroller and Auditor General” means the Comptroller and Auditor General for Northern Ireland;
“the Department” means the Department of Finance and Personnel;
“statutory provision” has the meaning assigned to it by section 1(f) of the Interpretation Act (Northern Ireland) 1954.
Extension of time limits for submission of public income and expenditure accounts3
In section 2 of the Act of 1950 (annual accounts of public income and expenditure and of other receipts and payments)—
a
in subsection (1) for the words “within forty-five days” there shall be substituted the words “on or before 30th June next”; and
b
in subsection (2) for the words “within three months” there shall be substituted the words “on or before 30th September next”.
Consolidated Fund Services Accounts and Capital Accounts4
1
Section 10 of the [1921 c. 2 (N.I.).] Exchequer and Audit Act (Northern Ireland) 1921 (which makes provision for the preparation and audit of annual accounts of issues for Consolidated Fund services) shall cease to have effect.
2
Section 36 of the Act of 1950 (which makes provision for the preparation and audit of Capital Accounts) shall cease to have effect.
Abolition of Civil Contingencies Fund5
1
The Civil Contingencies Fund shall cease to exist and all its assets and liabilities shall be transferred to the Consolidated Fund.
2
Sections 22 to 24 of the Act of 1950 (which make provision relating to the Civil Contingencies Fund) shall cease to have effect.
Advances out of Consolidated Fund for civil contingencies6
1
The Department may make advances from the Consolidated Fund—
a
in respect of urgent services in anticipation of the provision made or to be made out of moneys appropriated by Measure becoming available;
b
in anticipation of the realisation of receipts in connection with any services for which provision is so made or to be made; or
c
to any department of the Government of Northern Ireland for the provision of working cash balances in connection with any services.
2
The sums issued out of the Consolidated Fund under paragraph (1) and remaining unrepaid to the Consolidated Fund at any time shall not exceed an amount equal to 2 per cent. of the authorised supply expenditure for the previous financial year.
3
In paragraph (2) “authorised supply expenditure” means, in relation to any financial year, the total of the sums which Measures enacted before the end of that year have authorised the Department to issue out of the Consolidated Fund and apply towards making good the supply granted to Her Majesty for the service of that year.
Accounting in respect of trading funds7
After paragraph (6) of Article 8 of the [1993 NI 5.] Financial Provisions (Northern Ireland) Order 1993 (accounts of trading funds), there shall be inserted the following paragraph—
6A
During the interim period (as defined in section 1(4) of the Northern Ireland Act 1974), paragraph (6) shall have effect as if for the words “the Assembly” in both places where they occur there were substituted the word “Parliament”.
Savings8
Nothing in this Order applies in relation to accounts for the financial year ending on 31st March 1998.
Repeals9
The statutory provisions set out in the Schedule are hereby repealed to the extent specified in the third column of that Schedule.
SCHEDULEREPEALS
Chapter or Number | Short title | Extent of repeal |
---|---|---|
The Exchequer and Audit Act (Northern Ireland) 1921. | Section 10. | |
In section 18, the words “, or on the accounts of issues for Consolidated Fund services,”. | ||
The Exchequer and Financial Provisions Act (Northern Ireland) 1950. | Sections 22 to 24. | |
Section 33AA. | ||
Section 36. | ||
The Administrative and Financial Provisions Act (Northern Ireland) 1952. | Section 1. | |
The Finance Act (Northern Ireland) 1953. | Section 5. | |
The Administrative and Financial Provisions Act (Northern Ireland) 1956. | Section 12(3). | |
The Northern Ireland Act 1974. | In paragraph 5(2) of Schedule 1, the word “10,”. | |
The Financial Provisions (Northern Ireland) Order 1974. | Article 5. | |
The Financial Provisions (Northern Ireland) Order 1978. | Article 4. | |
The Northern Ireland Act 1982. | In paragraph 8(1) of Schedule 1, the words “(other than section 10)”. | |
The Financial Provisions (Northern Ireland) Order 1986. | In Schedule 1, paragraphs 5 and 7. | |
The Financial Provisions (Northern Ireland) Order 1991. | In Schedule 1, paragraph 6. | |
The Financial Provisions (Northern Ireland) Order 1995. | Article 7. |
(This note is not part of the Order)