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Part 5Finance

Payments into Welsh Consolidated Fund

118Grants

(1)The Secretary of State must from time to time make payments into the Welsh Consolidated Fund out of money provided by Parliament of such amounts as the Secretary of State may determine.

(2)Any Minister of the Crown, and any government department, may make payments to the Welsh Ministers, the First Minister or the Counsel General of such amounts as may be determined by the Minister of the Crown or those responsible in the department.

119Statement of estimated payments

(1)The Secretary of State must, for each financial year, make a written statement showing—

(a)the total amount of the payments which the Secretary of State estimates will be made for the financial year under section 118(1),

(b)the total amount of the payments which the Secretary of State estimates will be made to the Welsh Ministers, the First Minister or the Counsel General for the financial year by Ministers of the Crown and government departments, and

(c)the total amount of the payments which the Secretary of State estimates will be made to the Welsh Ministers, the First Minister or the Counsel General for the financial year otherwise than by a Minister of the Crown or government department.

(2)A statement under this section must also include such other information as the Secretary of State considers appropriate.

(3)A statement under this section for any financial year must also show the total amount which the Secretary of State for Wales proposes to expend for the financial year out of money provided by Parliament otherwise than on making payments into the Welsh Consolidated Fund.

(4)A statement under this section for a financial year must include details of how the total amounts mentioned in subsections (1)(a), (b) and (c) and (3) have been arrived at.

(5)A statement under this section for a financial year is to be made no later than four months before the beginning of the financial year.

(6)The Secretary of State must lay before the Assembly each statement under this section.

120Destination of receipts

(1)Any sum received by or on behalf of—

(a)the Welsh Ministers, the First Minister or the Counsel General,

(b)the Assembly Commission,

(c)the Auditor General, or

(d)the Public Services Ombudsman for Wales,

is to be paid into the Welsh Consolidated Fund (unless it is paid out of that Fund, and subject as follows); and this subsection applies in spite of provision contained in any other enactment unless the enactment provides expressly that any such sum is not to be paid into the Welsh Consolidated Fund.

(2)If and to the extent that sums received as mentioned in subsection (1) are received in connection with resources—

(a)which are within a category specified by resolution of the Assembly for the purposes of this subsection,

(b)which accrued to a person within subsection (1), and

(c)the retention of which by that person is authorised by a Budget resolution of the Assembly for the financial year in which the resources accrued,

the sums may be retained for use for the services and purposes specified in a Budget resolution of the Assembly for the financial year in which they are received as services and purposes for which retained resources may be used.

(3)The Treasury may, after consulting the Welsh Ministers, by order designate any description of sums received as mentioned in subsection (1).

(4)The Welsh Ministers must make payments to the Secretary of State of sums equal to the total amount of sums of that description.

(5)Payments by the Welsh Ministers under subsection (4) are to be made at such times, and by such methods, as the Treasury may from time to time determine.

(6)Sums required for the making of the payments are to be charged on the Welsh Consolidated Fund.

(7)A statutory instrument containing an order under subsection (3) is subject to annulment in pursuance of a resolution of the House of Commons.

(8)In this Act “Budget resolution of the Assembly” means a resolution on an annual Budget motion (see section 125) or a supplementary Budget motion (see section 126).