Finance Act 2004

• Permanent Page URL

Deferred surrender to Central Fund.

91.—(1) In this section—

“Appropriation Act” means, in relation to a financial year, the Act—

(a) appropriating to the proper supply services and purposes sums granted by the Central Fund (Permanent Provisions) Act 1965 , and making certain provision in relation to financial resolutions passed by Dáil Éireann in that financial year,

(b) providing for matters, if any, to which this section relates;

“capital supply service and purpose” means a supply service voted by Dáil Éireann, the purpose of which is to create an asset intended for use on a continuing basis with an expected life of more than one year;

“first financial year” means any financial year in respect of which there are undischarged appropriations;

“Minister” means the Minister for Finance;

“second financial year”, in relation to the first financial year, means the financial year immediately following the first financial year;

“subhead” means the individual categories of expenditure within a vote under which the expenditure is accounted for in the Appropriation Accounts;

“vote” means a coherent area of Government expenditure which is the responsibility of a single Government Department or office which is in turn accountable to the Dáil for the expenditure shown.

(2) Notwithstanding section 24 of the Exchequer and Audit Departments Act 1866 , the Minister may determine that, in respect of the obligation (but for this section) to surrender to the Central Fund undischarged appropriations for the first financial year—

(a) that obligation may, by reference to the capital supply services and purposes included in a vote, be deferred into the second financial year in respect of the sums concerned up to a maximum not greater than 10 per cent of the supply granted for capital supply services and purposes under that vote by Dáil Éireann, and

(b) accordingly, that obligation may, subject to subsection (3), be discharged in the second financial year to the extent that the funds are applied towards making good supply for the capital supply services and purposes approved by Dáil Éireann for the first financial year,

and such determination shall only have effect if the sums concerned and the related Votes and Titles are set out in the Appropriation Act for the first financial year.

(3) Where in accordance with subsection (2) one or more undischarged sums have been determined and are set out in the Appropriation Act then, in respect of any such sum, no sum shall be made available for application towards making good supply in the second financial year until an order is made by the Minister in that year under subsection (4).

(4)  (a) The Minister may make an order for the purposes of subsection (3) determining by reference to subheads for the capital supply services and purposes the sums to be made available for application towards making good supply in the second financial year.

(b) An order under this subsection shall be made no later than 31 March in the second financial year.

(c) An order under this subsection may by order be amended or revoked by the Minister.

(d) Where the Minister proposes to make an order, or amend or revoke an order, under this subsection, a draft of the order shall be laid before Dáil Éireann and the order shall not be made until a resolution approving of the draft has been passed by Dáil Éireann in the second financial year.

(5) Any sums determined in accordance with subsection (1) and to which an order under subsection (4) relates shall—

(a) be deemed to be appropriations for the second financial year,

(b) to the extent that they are discharged, be deemed from the date of the making of the order to be a first charge on the subheads concerned for the second financial year, and

(c) to the extent that they are not discharged before the end of the second financial year, be surrendered to the Central Fund.