Government Resources and Accounts Bill - continued        House of Lords

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National Health Service
Health Authorities and Special Health Authorities.     12. - (1) After section 97A of the National Health Service Act 1977 (financial duties of Health Authorities and Special Health Authorities) there shall be inserted-
 
 
"Resource limits for Health Authorities and Special Health Authorities.     97AA. - (1) It is the duty of every Health Authority and every Special Health Authority to ensure that the use of their resources in a financial year does not exceed the amount specified for them in relation to that year by the Secretary of State.
 
    (2) In the application of subsection (1) above to a Health Authority no account shall be taken of any use of resources for the purpose of general Part II expenditure (within the meaning of paragraph 1 of Schedule 12A).
 
      (3) For the purpose of subsection (1) above the Secretary of State may give directions-
 
 
    (a) specifying uses of resources which are to be, or not to be, taken into account;
 
    (b) making provision for determining to which Health Authority or Special Health Authority certain uses of resources are to be attributed;
 
    (c) specifying descriptions of resources which are to be, or not to be, taken into account.
      (4) Subsections (6) to (8) of section 97A above shall apply in relation to the duty under subsection (1) above as they apply in relation to the duties under section 97A(1) and (2); and for that purpose references to the defraying of expenditure and the receipt of sums shall be construed as references to the incurring of liabilities and the acquisition of assets.
 
      (5) The provisions in section 97A(3) and (4) above about the giving of directions by the Secretary of State shall apply in relation to the duty under subsection (1) above as they apply in relation to the duties under section 97A(1) and (2).
 
      (6) Where the Secretary of State has specified an amount under this section in respect of a financial year, he may vary the amount by a later specification.
 
      (7) In this section a reference to the use of resources is a reference to their expenditure, consumption or reduction in value."
 
      (2) In the application of section 97AA of the 1977 Act to Wales, for each reference to the Secretary of State there shall be substituted a reference to the National Assembly for Wales.
 
Primary Care Trusts.     13. - (1) After section 97D of the National Health Service Act 1977 (financial duties of Primary Care Trusts) there shall be inserted-
 
 
"Resource limits for Primary Care Trusts.     97E. - (1) It is the duty of every Primary Care Trust to ensure that the use of their resources in a financial year does not exceed the amount specified for them in relation to that year by the Health Authority for the trust's area.
 
    (2) For the purpose of subsection (1) above no account shall be taken of any use of resources for the purpose of a trust's general Part II expenditure (within the meaning of paragraph 4 of Schedule 12A).
 
      (3) For the purpose of subsection (1) above the Secretary of State may give directions-
 
 
    (a) specifying uses of resources which are to be, or not to be, taken into account;
 
    (b) making provision for determining to which Primary Care Trust certain uses of resources are to be attributed;
 
    (c) specifying descriptions of resources which are to be, or not to be, taken into account.
      (4) Where an amount has been specified under this section in respect of a financial year, it may be varied by a later specification.
 
      (5) Subsections (4) to (6) of section 97D above shall apply in relation to the duty under subsection (1) above as they apply in relation to the duty under section 97D(1); and for that purpose references to the defraying of expenditure and the receipt of sums shall be construed as references to the incurring of liabilities and the acquisition of assets.
 
      (6) The provisions in section 97D(2) and (3) above about the giving of directions by the Secretary of State shall apply in relation to the duty under subsection (1) above as they apply in relation to the duty under section 97D(1).
 
      (7) In this section a reference to the use of resources is a reference to their expenditure, consumption or reduction in value."
 
      (2) In the application of section 97E of the 1977 Act to Wales, for each reference to the Secretary of State there shall be substituted a reference to the National Assembly for Wales.
 
Summarised accounts.     14. - (1) The Treasury may by order provide for section 98(4) of the National Health Service Act 1977 (requirement to prepare summarised accounts) not to apply in relation to a specified body for a specified year.
 
      (2) The Treasury may make an order in respect of a body for a year only if they consider that the preparation of summarised accounts for that body and that year is unnecessary having regard to information contained or to be contained in-
 
 
    (a) a department's resource accounts under section 5, or
 
    (b) accounts under section 9.
      (3) Before making an order under subsection (1) the Treasury shall consult the Comptroller and Auditor General.
 
      (4) Where the function under section 98(4) of the National Health Service Act 1977 is exercisable in respect of a body by the National Assembly for Wales-
 
 
    (a) the Treasury shall consult the National Assembly for Wales and the Auditor General for Wales before making an order in respect of the body under subsection (1) above, and
 
    (b) subsection (3) above shall not apply.
      (5) An order under this section-
 
 
    (a) shall be made by statutory instrument, and
 
    (b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
 
National Assembly for Wales
Finance.     15. For section 81(3) of the Government of Wales Act 1998 (estimate of payments by Secretary of State) there shall be substituted-
 
 
    "(3) The statement shall also show the total amount of the use of resources (within the meaning of the Government Resources and Accounts Act 2000) which the Secretary of State for Wales proposes for that financial year, apart from expenditure on payments to the Assembly."
 
 
Public-private partnerships
Expenditure.     16. - (1) The Treasury-
 
 
    (a) may incur expenditure in respect of the establishment of a body for the purpose of carrying on public-private partnership business,
 
    (b) may incur expenditure for the purposes of investing in the body (whether by acquiring assets, securities or rights or otherwise), and
 
    (c) may provide loans and guarantees and make other kinds of financial provision to or in respect of the body.
      (2) The powers under subsection (1)(b) and (c)-
 
 
    (a) may not be exercised in respect of more than one body, and
 
    (b) may be exercised only in connection with public-private partnership business carried on or to be carried on by the body.
Section 16: interpretation.     17. - (1) In section 16 "public-private partnership business" means participation in public-private partnerships whether as an investor, a consultant or otherwise.
 
      (2) In particular, "public-private partnership business" includes the provision of advisory or financial services in connection with specific public-private partnerships or public-private partnerships generally-
 
 
    (a) whether the services are provided to public bodies or to private persons, and
 
    (b) whether or not the services are provided on terms and conditions about payment, consideration or other matters.
      (3) In this section "public-private partnerships" means projects and undertakings the resources for which are provided partly by public bodies and partly by private persons.
 
      (4) In subsection (3) "resources" includes funds, assets, professional skills and any other kind of commercial resource.
 
      (5) In this section "public body" means a government department or a body exercising public functions.
 
      (6) In this section-
 
 
    (a) "projects and undertakings" includes projects and undertakings carried on wholly or partly outside the United Kingdom, and
 
    (b) a reference to public functions is not confined to public functions of the United Kingdom.
      (7) In section 16 a reference to a body includes a reference to-
 
 
    (a) a group of bodies,
 
    (b) a partnership or enterprise carried on by one or more persons or bodies, and
 
    (c) a body (including a body within the meaning of paragraph (a) or (b)) which is substantially the same as, or which is a successor to, another body.
 
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