S.I. No. 81/2005 - Finance Act 2004 (Section 91) (Deferred Surrender To Central Fund) Order 2005

1. This Order may be cited as the

Finance Act 2004

(Section 91) (Deferred Surrender to Central Fund Order 2005.

2. The sums set out in column 5 of the Schedule to this Order, amounting in the aggregate to €236,967,000 are determined to be available for making good supply in the year ending 31 December 2005 for the capital supply services and purposes by reference to the Vote Number, Title, Capital Subheads and description mentioned in columns 1, 2, 3 and 4, respectively, of that Schedule, opposite the amount mentioned in column 5 in respect of each Capital Subhead.

SCHEDULE

Details of sums determined for the purposes of Article 2 of this Order

Vote No.

Title

Capital Subhead

Description

Sums deferred under

Section 91

of the

Finance Act 2004

.

1

2

3

4

5

€

21

For the salaries and expenses of the Prison Service, probation and welfare staff and other expenses in connection with prisons, including places of detention; for probation and welfare services; and for payment of a grant-in-aid.

A.5.1

Office Machinery and Other Office Supplies.

707,200

B.1

Buildings and Equipment.

3,885,600

E.3.4

Probation and Welfare Services - Services to Offenders.

287,200

Total under Vote No. 21

4,880,000

22

For such of the salaries and expenses of the Courts Service and of the Supreme Court, the High Court, the Special Criminal Court, the Circuit Court and the District Court and of certain other minor services as are not charged on the Central Fund.

B

Courthouses (Capital Works).

1,600,000

Total under Vote No. 22

1,600,000

25

For the salaries and expenses of the Office of the Minister for the Environment, Heritage and Local Government, including grants to Local Authorities, grants and other expenses in connection with housing, miscellaneous schemes, subsidies and grants.

B.1

Local Authority and Social Housing Programmes.

51,609,000

B.3

Task Force on Special Housing Aid for the Elderly.

4,588,000

B.4

Communal Facilities in Voluntary Housing Schemes.

284,000

D.2

Grants in respect of Non-National Roads.

4,000,000

E.3

Built Heritage.

2,420,000

F.2

Local Authority Library and Archive Service.

500,000

F.7

Urban Regeneration.

7,365,000

F.9

Programme for Peace and Reconciliation.

3,335,000

F.12

Miscellaneous Services.

1,500,000

Total under Vote No. 25

75,601,000

26

For the salaries and expenses of the Office of the Minister for Education and Science, for certain services administered by that Office, and for payment of certain grants and grants-in-aid.

F.1

Building, Equipment and Furnishing of National Schools and Centres for Young Offenders.

30,000,000

F.2

Second-Level Schools - Building Grants and Capital Costs.

20,000,000

Total under Vote No. 26

50,000,000

30

For the salaries and expenses of the Office of the Minister for Communications, Marine and Natural Resources, including certain services administered by that Office, and for payment of certain grants and sundry grants-in-aid.

B.1

Irish Coast Guard.

500,000

C.2

Development and Upgrading of Harbours for Fishery Purposes.

1,270,000

D.1

Marine Institute (Grant-In-Aid).

500,000

D.2

National Seabed Survey.

500,000

E.2

Fisheries Conservation and Management including Shellfish Monitoring Programme.

350,000

E.4

Aquaculture Development.

445,000

F

Inland Fisheries.

1,665,000

H.1

Information and Communications Technology Programme.

4,770,000

Total under Vote No. 30

10,000,000

31

For the salaries and expenses of the Office of the Minister for Agriculture and Food, including certain services administered by that Office, and of the Irish Land Commission and for payment of certain grants, subsidies and sundry grants-in-aid and for the payment of certain grants under cash-limited schemes.

I

Forestry.

17,949,000

Total under Vote No. 31

17,949,000

32

For the salaries and expenses of the Office of the Minister for Transport, including certain services administered by that Office, for payment of certain grants and grants-in-aid and certain other services.

B.1

Road Improvement/Maintenance.

42,000,000

D.2

Regional Airports.

200,000

D.5

North-South Co-Operation.

500,000

Total under Vote No. 32

42,700,000

34

For the salaries and expenses of the Office of the Minister for Enterprise, Trade and Employment, including certain services administered by that Office, for the payment of certain subsidies, grants and grants-in-aid, and for the payment of certain grants under cash-limited schemes.

B.2

Intertrade Ireland.

237,000

C.2

IDA Ireland - Grants to Industry.

4,000,000

C.3

IDA Ireland - Grant for Building Operations.

10,000,000

F

Science & Technology Development Programme/Science Foundation Ireland.

10,000,000

G

County Enterprise Development.

1,000,000

K.4

FAS Capital.

9,000,000

Total under Vote No. 34

34,237,000

TOTAL OF SCHEDULE

236,967,000

GIVEN under the Official Seal of the Minister for Finance,

This 21

st

day of February, 2005.

Brian Cowen

Minister for Finance

Explanatory Note

(This note is not part of the Order and does not purport to be a legal interpretation). This Order determines, with the approval of Dáil Éireann as required under

Section 91

of the

Finance Act 2004

, the capital subheads and Votes against which Departments shall spend as a first charge in 2005 the carryover of €236,967,000 in unspent capital from 2004 as provided for in the

Appropriation Act 2004

.

STATUTORY INSTRUMENTS

S.I. No.81 of 2005

Finance Act 2004 (Section 91) (Deferred Surrender to Central Fund) Order 2005

To be made by the Minister for Finance.

Finance Act 2004 (Section 91) (Deferred Surrender to Central Fund) Order 2005

WHEREAS

section 91

of the

Finance Act 2004

(

No. 8 of 2004

) makes provision for the carry over from one year to another of any unspent Exchequer capital allocations, up to a maximum of 10 per cent of the capital allocation by Vote;

AND WHEREAS the Minister for Finance made a determination for the purposes of subsection (2) of the said section 91 in respect of certain undischarged appropriations by reference to the capital supply services and purposes included in a vote referred to in Part 2 of Schedule 1 to the

Appropriation Act 2004

(No.

40 of 2004);

AND WHEREAS there is set out in Schedule 2 to the

Appropriation Act 2004

the sums deferred into the year ending 31 December 2005 and the related Votes and Titles in respect of each of the sums concerned;

AND WHEREAS, pursuant to subsection (4) of the said section 91, a draft of the following order has been laid before Dáil Éireann and a resolution approving of the draft has been passed by Dáil Éireann in the financial year immediately following the financial year in respect of which the undischarged appropriations concerned relate;

NOW, the Minister for Finance, in exercise of the powers conferred on him by section 91(4) of the

Finance Act 2004

, hereby makes the following order