Citation, commencement and interpretation

1.–(1) This Order may be cited as the Budget (Scotland) Act 2007 Amendment Order 2007 and comes into force on the day after the day on which it is made.

(2) In this Order, "the 2007 Act" means the Budget (Scotland) Act 2007.

Amendment of section 3 of the 2007 Act

2. In section 3 of the 2007 Act (overall cash authorisations)-

(a) in paragraph (a), for "£26,145,154,000" substitute "£26,639,917,000";

(b) in paragraph (b), for "£66,349,000" substitute "£77,649,000"; and

(c) in paragraph (e), for "£6,585,000" substitute "£9,032,000".

Amendment of schedule 1 to the 2007 Act

3.–(1) Schedule 1 to the 2007 Act (the Scottish Administration) is amended in accordance with paragraphs (2) to (5).

(2) In column 1 (purpose)-

(a) in relation to the first purpose-

(i) for "the Scottish Executive Environment and Rural Affairs Department" substitute "their Rural Affairs and the Environment portfolio"; and

(ii) for the words from "loans" to the end substitute "miscellaneous water grants (including the Drinking Water Quality Regulator for Scotland)";

(b) in relation to the second purpose-

(i) for "the Scottish Executive Development Department" substitute "their Health and Wellbeing portfolio";

(ii) omit "departmental";

(iii) omit the words from "planning" to "sectors;";

(iv) after "expenditure relating to equality issues;" insert "hospital and community health services; family health services; community care; grants to local authorities and the third sector; social care; welfare food; the Scottish Drugs Challenge Fund; the Mental Health Tribunal for Scotland; payments to the Skipton Fund; other health services; sport"; and

(v) omit "Scottish Building Standards Agency".

(c) in relation to the third purpose-

(i) for "the Scottish Executive Education Department" substitute "their Education and Lifelong Learning portfolio";

(ii) after "childcare;" insert "youth work;"; and

(iii) for the words from "sport;" to the end substitute "grant in aid for the Scottish Further and Higher Education Funding Council; funding for the Student Awards Agency for Scotland and related costs, including the Student Loan Scheme and the Graduate Endowment Scheme; Enterprise in Education; Not in Education or Employment or Training; scientific and research-related activities; sundry lifelong learning activities";

(d) omit the entry in relation to the fourth purpose;

(e) omit the entry in relation to the fifth purpose;

(f) in relation to the sixth purpose-

(i) for "the Scottish Executive Justice Department" substitute "their Justice portfolio"; and

(ii) for "voluntary organisations" substitute "the third sector";

(g) in relation to the ninth purpose, after "including" insert "building works associated with the creation of the Scottish Family History Centre and";

(h) in relation to the tenth purpose-

(i) for "the Scottish Executive Finance and Central Services Department" substitute "their Finance and Sustainable Growth portfolio";

(ii) for "other departmental services" substitute "other portfolio services";

(iii) omit "grants to the Civic Forum;";

(iv) for "modernising government and efficient government" substitute "public sector reform and efficiency";

(v) for the words from "international relations" to the end substitute "roads, bridges and associated services, including the acquisition of land, lighting and road safety; costs involved in the removal of tolls; assistance to local transport; support for transport services in the highlands and islands; piers and harbours including Piers and Harbours grants to local authorities and miscellaneous costs in relation to ports and harbours; support for ferry services; grant aid to British Waterways Board in respect of Scotland´s inland waterways; funding for rail infrastructure and rail services in Scotland; other expenditure relating to rail; provision for other transport services, grants and research expenditure; expenditure relating to Highlands and Islands Airports Limited and the privatisation of the Scottish Bus Group; support for bus services in Scotland; support for certain air services; transport-related grants to local authorities, Regional Transport Partnerships and the Strathclyde Passenger Transport Authority; payments to former members of Scottish Transport Group pension schemes; funding for Transport Scotland and related costs; support for concessionary fare schemes and ticketing infrastructure; costs in relation to establishing and funding the office of Scottish Road Works Commissioner; loans to Scottish Water and other water grants (including the Water Industry Commission for Scotland); grants in respect of the third sector; planning; Scottish Building Standards Agency; tourism; grant in aid for Scottish Enterprise and Highlands and Islands Enterprise; Regional Selective Assistance including Innovation and Investment grants; telecommunications infrastructure; European Structural Fund grants to public corporations, non-departmental public bodies, local authorities and other bodies and organisations; energy related activities; sundry enterprise-related activities"; and

(i) after the thirteenth purpose, insert-

"14. For use by the Scottish Ministers (through the First Minister´s portfolio) on support for the cultural heritage of Scotland, including the Gaelic language; cultural organisations; architecture; Historic Scotland; central government grants to non-departmental public bodies, local authorities and other bodies and organisations; international relations and development assistance; expenditure on committees, commissions and other portfolio services; expenditure in relation to running costs of Her Majesty´s Chief Inspector of Prosecution in Scotland.".

(3) In column 2 (amount of resources other than accruing resources)-

(a) in relation to the first purpose, for "£938,076,000" substitute "£987,452,000";

(b) in relation to the second purpose, for "£1,323,561,000" substitute "£9,931,474,000";

(c) in relation to the third purpose, for "£1,094,349,000" substitute "£3,217,882,000";

(d) omit the entry in relation to the fourth purpose;

(e) omit the entry in relation to the fifth purpose;

(f) in relation to the sixth purpose, for "£1,671,921,000" substitute "£1,680,470,000";

(g) in relation to the seventh purpose, for "£251,565,000" substitute "£252,886,000";

(h) in relation to the eighth purpose, for "£10,324,000" substitute "£12,599,000";

(i) in relation to the ninth purpose, for "£10,068,000" substitute "£12,768,000";

(j) in relation to the tenth purpose, for "£8,060,906,000" substitute "£11,580,893,000";

(k) in relation to the eleventh purpose, for "£2,006,670,000" substitute "£2,647,902,000"; and

(l) in relation to the fourteenth purpose(2), insert "£254,173,000".

(4) In column 3 (type of accruing resources)-

(a) in relation to the first purpose, omit "repayment of loans by Scottish Water";

(b) in relation to the third purpose, at the end insert "; the repayment of student loans";

(c) omit the entry in relation to the fourth purpose;

(d) omit the entry in relation to the fifth purpose;

(e) in relation to the tenth purpose insert "Repayment of voted loans (capital) by Scottish Enterprise and Caledonian Maritime Assets Ltd; repayment of loans by the Tay Bridge Joint Board; repayment of loans by Independent Piers and Harbours Trusts; repayment of loans by Scottish Water; sale of buildings, land and equipment"; and

(f) in relation to the fourteenth purpose, insert "Sale of land, buildings and equipment".

(5) In column 4 (amount of accruing resources)-

(a) in relation to the second purpose, for "£100" substitute "£15,000,000";

(b) in relation to the third purpose, for "£100" substitute "£65,000,000";

(c) omit the entry in relation to the fourth purpose;

(d) omit the entry in relation to the fifth purpose;

(e) in relation to the sixth purpose, for "£2,800,000" substitute "£2,700,000"; and

(f) in relation to the tenth purpose, insert "£6,000,000".

Amendment of schedule 2 to the 2007 Act

4.–(1) Schedule 2 to the 2007 Act (accruing resources of the Scottish Administration which may be used without individual limit) is amended in accordance with paragraphs (2) to (12).

(2) In Part 1-

(a) in the heading, for "Scottish Executive Environment and Rural Affairs Department" substitute "Rural Affairs and the Environment portfolio"; and

(b) omit-

(3) In Part 2-

(a) in the heading, for "Scottish Executive Development Department" substitute "Health and Wellbeing portfolio";

(b) in column 2 (purpose) in relation to the first entry, for "Expenditure on miscellaneous Development Department programmes" substitute "Expenditure on miscellaneous communities programmes";

(c) omit-

(d) omit-

(e) after the ninth entry, insert-

(f) in relation to the overall amount, for "£100" substitute "£1,626,800".

(4) In Part 3-

(a) in the heading, for "Scottish Executive Education Department" substitute "Education and Lifelong Learning portfolio";

(b) for-

substitute-

(c) in relation to the overall amount, for "£25,989,000" substitute "£75,500,000".

(5) Omit Part 4.

(6) Omit Part 5.

(7) In Part 6-

(a) in the heading, for "Scottish Executive Justice Department" substitute "Justice portfolio"; and

(b) in relation to the overall amount, for "£29,571,000" substitute "£36,000,000".

(8) In Part 7, in relation to the purpose corresponding to the first type of accruing resources, omit "departments".

(9) In Part 8, in relation to the overall amount, for "£5,200,000" substitute "£5,500,000".

(10) In Part 9, for "Register Archives Collection" substitute "for services provided".

(11) In Part 10-

(a) in the heading, for "Scottish Executive Finance and Central Services Department" substitute "Finance and Sustainable Growth portfolio";

(b) omit-

(c) after the fourth entry, insert-

; and

(d) in relation to the overall amount, for £100 substitute £212,100,000".

(12) After Part 12, insert-

"PART 13 FIRST MINISTER'S PORTFOLIO

Overall amount: £25,005,000".

Amendment of schedule 3 to the 2007 Act

5. In column 2 (amount of resources other than accruing resources) of schedule 3 to the 2007 Act (direct-funded bodies)-

(a) in relation to the first purpose, for "£84,402,000" substitute "£101,402,000"; and

(b) in relation to the fourth purpose, for "£7,108,000" substitute "£9,692,000".

Explanatory Note

(This note is not part of the Order)

This Order amends the Budget (Scotland) Act 2007 ("the 2007 Act"), which makes provision, for the financial year 2007/08, for the use of resources by the Scottish Administration and certain bodies whose expenditure is payable out of the Scottish Consolidated Fund, for authorising the use of resources, and for limits on the capital expenditure and borrowing of local authorities and certain other public bodies.

It aligns the Scottish Government´s management systems and structures more closely with the new administration´s objectives. The Order reflects the reallocation of resources from the former Scottish Executive Departments to the new Scottish Government portfolios.

In particular, this Order amends the 2007 Act so as to-

(a) alter the overall cash authorisations in respect of three of the five bodies referred to in section 3 (article 2);

(b) restate the purposes for which resources may be used in accordance with section 1 and schedule 1 (article 3(2));

(c) restate the amount of resources other than accruing resources that may be used for the purposes set out in schedule 1 (article 3(3));

(d) restate the type of accruing resources which may be used in accordance with section 1 and schedule 1 (article 3(4));

(e) restate the amounts of accruing resources in schedule 1 (article 3(5)).

(f) remove types of accruing resources, and their corresponding purposes, which may be used without individual limit respectively in relation to the Rural Affairs and the Environment portfolio (article 4(2)(b)), the Health and Wellbeing portfolio (article 4(3)(c) and (d)), the Education and Lifelong Learning portfolio (article 4(4)(b)) and the Finance and Sustainable Growth portfolio (article 4(11)(1));

(g) add types of accruing resources, and their corresponding purposes, which may be used without individual limit respectively in relation to the Health and Wellbeing portfolio (article 4(3)(e)), the Education and Lifelong Learning portfolio (article 4(4)(b)) and the Finance and Sustainable Growth portfolio (article 4(11)(c));

(h) remove Part 4 (Scottish Executive Enterprise, Transport and Lifelong Learning Department) and Part 5 (Scottish Executive Health Department) and add a new Part 13 (Office of the First Minister) to schedule 2 (accruing resources of the Scottish Administration which may be used without individual limit) (article 4(5), (6) and (12)); and

(i) alter the overall amounts of accruing resources that may be used without individual limit respectively in relation to the Health and Wellbeing portfolio (article 4(3)(f)), the Education and Lifelong Learning portfolio (article 4(4)(c)), the Justice portfolio (article 4(7)(b)), the Registrar General of Births, Deaths and Marriages (article 4(9)) and the Finance and Sustainable Growth portfolio (article 4(11)(d)).

The attached table provides reconciliation between the budgets for the former Scottish Executive Departments and the new Scottish government portfolios.