Scotland Act 1998 (Cross-Border Public Authorities) (Forestry Commissioners) Order 2000 (S.I. No. 746 of 2000).

This Order, which is made under section 89 of the Scotland Act 1998 amends statutory provisions relating to the Forestry Commissioners, who are a cross-border public authority for the purposes of that Act. The Order makes further amendments to provisions which govern the funding of forestry functions, following the abolition of the Forestry Fund on the coming into force of the 1998 Act in July 1999. Article 2 gives effect to the amendments contained in the Schedule. The principal provision is paragraph 5, which amends the Forestry Act 1967. Paragraphs 5(2) to (5) amend section 41 of the Forestry Act 1967, the provisions on funding, which was amended by the 1999 Order. Except in relation to Scotland, the expenses of the Commissioners, and forestry expenses of the Minister (the Minister of Agriculture, Fisheries and Food or the Secretary of State), are to be met out of money provided by Parliament only if they cannot be met out of receipts held by the Commissioners. The Commissioners are empowered to hold sums received to meet such expenditure, unless the Minister (with the consent of the Treasury) directs that the receipts should be paid into the Consolidated Fund. As regards Scotland, the provisions made by the 1999 Order are preserved under which the expenses of the Commissioners as regards Scotland, and the Scottish Ministers' forestry expenses, are met out of the Scottish Consolidated Fund, and their respective receipts paid into that Fund, subject to any Act of the Scottish Parliament. The Minister and the Scottish Ministers are also given power to determine by agreement questions relating to whether or not particular expenses or receipts fall within the provisions of section 41 relating to Scotland.