Select Committee on Procedure Third Report


Section 82 of the Welfare Reform and Pensions Act 1999

Authorisation of certain expenditure

82.—(1) Where—

    (a)  a Minister of the Crown is proposing that or considering expenditure whether an Act should change the law as from a specified date, or a date to be determined, and

    (b)  the Secretary of State is of the opinion that the change is such that, unless expenditure for preparing for the change is incurred during the period before the passing of that Act, it will not be possible for a service for which he has or will have responsibility to be effectively provided from that date,

the Secretary of State may, subject to subsections (2) and (3), incur such expenditure during that period.

(2) Expenditure is not authorised by virtue of subsection (1) unless——

    (a)  the Secretary of State has with the consent of the Treasury laid before the House of Commons a report which states——

      (i) the change in the law which the Minister of the Crown is proposing or considering, and

      (ii) the amount of the expenditure which the Secretary of State proposes to incur and the purposes for which he proposes to incur it; and

    (b) the report has been approved by a resolution of the House of Commons.

(3) Expenditure is not authorised by virtue of subsection (1) at any time after the end of the period of two years beginning with the day on which the resolution under subsection (2)(b) is passed.

(4) Subsection (1) is without prejudice to any power of the Secretary of State to incur expenditure otherwise than by virtue of that subsection.

(5) There shall be made out of the National Insurance Fund into the Consolidated Fund such payments as the Secretary of State determines (in accordance with any directions of the Treasury) to be appropriate in consequence of the operation of this section.

(6) Any payments failing to be made by virtue of subsection (5) shall be made at such times and in such manner as may be determined by the Treasury.

(7) In this section "the Secretary of State" means the Secretary of State having responsibility for social security.

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