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Capital Purposes Fund. 25.(1) Where the Ministry has power under or by virtue of any enactment (whether passed before or after this Act and including this Act) to issue, other than for investment or the repayment of borrowed moneys, out of the Consolidated Fund any moneys required for capital purposes specified in that enactment, such power shall be deemed to include the power from time to time to set aside out of the Consolidated Fund and invest such sums as the Ministry may think fit, which sums shall be credited to a Capital Purposes Fund established for the purpose of providing moneys for capital purposes. Any sums so issued out of the Consolidated Fund may be repaid to the Exchequer out of moneys provided by Parliament .... (2) Subject to the provisions of this sub-section, any power of the Ministry to make issues out of the Consolidated Fund for capital purposes specified in any enactment shall be deemed to include power to make issues out of moneys credited to the Capital Purposes Fund for those purposes and any moneys issued out of the Capital Purposes Fund for capital purposes specified in any enactment shall be treated as having been issued out of the Consolidated Fund for such purposes, but so, however, that the total amount issued for any specified capital purpose out of the Capital Purposes Fund shall not exceed (a)the total amount credited to that Fund for that capital purpose; nor (b)when added to any issues made directly from the Consolidated Fund for that capital purpose, any limit imposed by Parliament on the total amount of issues from the Consolidated Fund for that purpose. (3) Subject to the provisions of the last preceding sub-section, the powers conferred by sub-section (1) of this section to set aside moneys for any capital purpose by means of sums issued from the Consolidated Fund to the Capital Purposes Fund shall be in addition to and not in derogation of the powers conferred by any enactment to make issues from time to time for that capital purpose directly from the Consolidated Fund or, if such enactment so provides, out of moneys provided by Parliament, and such powers to make issues directly from the Consolidated Fund or from moneys provided by Parliament may be exercised notwithstanding that sums are held for such a capital purpose in the Capital Purposes Fund. (4) Subject to any provision made by the Ministry by virtue of sub-section (1) of section twenty-nine of this Act any interest on or profit resulting from the sale of investments in the Capital Purposes Fund shall be transferred to the Reserve Fund before the end of each financial year. (5) If at any time the Ministry determines that moneys set aside for capital purposes in the Capital Purposes Fund have ceased to be required for the purpose for which they were so set aside, or exceed the amount required for that purpose, the amount thereof, or as the case may be, the amount of the excess, shall be transferred to the Reserve Fund. S.26 rep. by 1978 NI 11 art.14 sch.3 Pt.II
© 1950 Crown Copyright
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