Consolidated Fund Act, 1816

CONSOLIDATED FUND ACT 1816

CHAPTER XCVIII.

An Act to unite and consolidate into One Fund all the Public Revenues of Great Britain and Ireland, and to provide for the Application thereof to the General Service of the United Kingdom. [1st July 1816.]

Consolidated funds of Great Britain and Ireland shall become one general consolidated fund.

Application thereof.

WHEREAS it hath become expedient, for further carrying into effect the provisions and purposes of two several Acts for the Union of Great Britain and Ireland (the one made in the Parliament of Great Britain in the thirty-ninth and fortieth years of his present Majesty's reign, and the other made in the Parliament of Ireland in the fortieth year of his said Majesty's reign), that all the public revenues of Great Britain and Ireland should be consolidated and applied to the service of the United Kingdom: Be it therefore enacted by the King's most Excellent Majesty, by and with the advice and consent of the lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, that all rates, duties, taxes, receipts, sums of money, and revenues of what nature or kind soever, which under or by virtue of any Act or Acts in force in Great Britain or Ireland respectively at the time of the passing of this Act, and immediately before the said fifth day of January one thousand eight hundred and seventeen, shall or may constitute or form part of or be directed to be carried to the several funds called the consolidated fund of Great Britain and the consolidated fund of Ireland respectively, shall be carried to and shall be and become and shall form and constitute one general fund, to be called the consolidated fund of the United Kingdom of Great Britain and Ireland; and that the said consolidated fund of the United Kingdom of Great Britain and Ireland, whether the same or any part thereof shall be in the Exchequer of Great Britain or in the Exchequer of Ireland, shall in the first place, be charged and chargeable with and shall from time to time be applied indiscriminately to the payment of the whole of the interest of the national debts of Great Britain and Ireland, and the sinking funds applicable to the reduction thereof, as one joint consolidated national debt, interest, and sinking fund; and in the next place the said consolidated fund of the said United Kingdom shall in like manner be charged and chargeable with and shall be applied to the payment of the salaries and other charges of his Majesty's civil list establishments in Great Britain and Ireland; and in the next place the said consolidated fund of the said United Kingdom shall be in like manner charged and chargeable with and shall be applied in payment of all other charges whatsoever made payable out of the consolidated funds of Great Britain or Ireland respectively, under or by virtue of any Act or Acts in force immediately before the said fifth day of January one thousand eight hundred and seventeen; and after payment and satisfaction of all the aforesaid charges the said consolidated fund of the United Kingdom shall be in like manner indiscriminately applied to the service of the United Kingdom of Great Britain and Ireland, or any part thereof, as shall be directed by Parliament, and shall be issued and applied accordingly, in manner and under the authority herein-after mentioned and directed.

Offices of treasurer of Great Britain and treasurer of Ireland shall be united, and may be executed by commissioners.

Officers of the revenue shall be subject to the orders of the Treasury of the United Kingdom.

2. The offices of lord high treasurer of Great Britain and lord high treasurer of Ireland shall be united into one office, and the person holding the same shall be called lord high treasurer of the United Kingdom of Great Britain and Ireland; and whenever there shall not be any such lord high treasurer, it shall and may be lawful for his Majesty by letters patent under the great seal of Great Britain to appoint commissioners for executing the offices of treasurer of the Exchequer of Great Britain and lord high treasurer of Ireland; and such commissioners shall be called commissioners of his Majesty's Treasury of the United Kingdom of Great Britain and Ireland; and the said commissioners shall have all such powers and authorities in and through the whole of the said United Kingdom with respect to the collection, issuing, and application of the whole revenues of the United Kingdom, as at the time of the passing of this Act, and immediately before the said fifth day of January one thousand eight hundred and seventeen, are or shall or may be vested in the commissioners of the Treasury in Great Britain or Ireland respectively, by any Act or Acts of Parliament, or by any law, usage, or custom in force in Great Britain or Ireland respectively, by whatever names or descriptions such commissioners of the Treasury shall or may have been at any time known or described, save and except in so far as any such powers or authorities may be altered or amended by this Act; and all officers and other persons concerned or employed in the collection or management of the revenues in and through every part of the United Kingdom shall be in all respects subject to the orders and controul of the said lord high treasurer or the said commissioners of his Majesty's Treasury of the United Kingdom of Great Britain and Ireland, and shall be liable to all such penalties and punishments for disobedience of such orders, as they are or would be subject of liable to under or by virtue of any Acts, laws, usages, or customs, with respect to the powers of the commissioners of the Treasury, in force in Great Britain and Ireland respectively at the time of the passing of this Act and immediately before the said fifth day of January one thousand eight hundred and seventeen.

The words “Commissioners of Treasury,” &c. to apply to commissioners for executing the offices of treasurer of the Exchequer of Great Britain and treasurer of Ireland.

3. Whenever in this Act or in any Act to be made at any time after the passing of this Act the words “Commissioners of his Majesty's Treasury,” or the words “Commissioners of his Majesty's Treasury of the United Kingdom of Great Britain and Ireland,” are or shall be used, the same shall be construed, to extend and apply to the commissioners for executing the offices of treasurer of the Exchequer of Great Britain and lord high treasurer of Ireland, whenever such commission shall be in force; and that all and every act and acts which at any time shall or may have been done or executed or shall or may be done or executed by the commissioners of his Majesty's Treasury in Great Britain or Ireland, or the United Kingdom respectively, under or by virtue or authority of any law, statute, usage, or custom in force before the passing of this Act, shall be good, valid, and effectual to all intents and purposes, notwithstanding any error or omission in the names or descriptions whereby any such commissioners of the Treasury shall or may have been at any time known, or named, or described.

[Ss. 4–12 rep. 36 & 37 Vict. c. 91. (S.L.R.)]

British commissioners shall be commissioners for the reduction of the national debt of the United Kingdom.

13. . . . the commissioners for the reduction of the national debt of Great Britain shall be and become commissioners for the reduction of the national debt of the United Kingdom; and the said commissioners shall have all such powers and authorities as are or may be given in and by any Act or Acts in force in Great Britain or Ireland, relative to the reduction of the national debt of Great Britain or the national debt of Ireland; . . .

Two additional commissioners of the Treasury to be appointed.

6 Ann. c. 41.

14. In consequence of the increase of business which will result from the provisions of this Act, it shall and may be lawful for his Majesty to nominate and appoint two persons to be commissioners of his Majesty's Treasury of the United Kingdom of Great Britain and Ireland, and to sit and act as such, with and in addition to the number of commissioners which may now by law be appointed for the executing the office of treasurer of the Exchequer of Great Britain, . . with a yearly salary not exceeding for each of such commissioners such salary as is now received by each of the said commissioners for executing the said office of treasurer of the Exchequer of Great Britain, . . any thing in an Act made in the sixth year of the reign of Queen Anne, intituled “An Act for the securing of her Majesty's “person and government, and of the succession to the Crown of “Great Britain in the protestant line,” or in any other Act or Acts to the contrary in anywise notwithstanding.

Signature and sanction of the lord lieutenant shall (except in revenue cases) be sufficient, where signature or sanction of Irish commissioners of Treasury heretofore required.

15. In all cases not otherwise specially provided for by this Act, where under the provisions of any Act or Acts, in force immediately before the passing of this Act any warrant, licence, order, or document has been required to be signed by the commissioners for executing the office of lord high treasurer of Ireland (except in cases relating to the revenue of Ireland), a warrant or other proper document, as the case may be, signed by the lord lieutenant shall be of like validity, force, and effect, as any such warrant, licence, order, or document of such commissioners, to all intents and purposes whatsoever; and in all cases where by any Act or Acts in force in Ireland the approbation of the said commissioners for executing the office of lord high treasurer of Ireland has been required or made necessary (except as aforesaid) the approbation of the lord lieutenant, signified by his chief secretary, or in the absence of such chief secretary, by the under secretary for the civil or military department, as the case may require, shall be of like validity, force, and effect, as the approbation of such commissioners, to all intents and purposes whatsoever.

Commissioners of the Treasury may sit in Parliament.

16. The appointment or any person or persons to be commissioner or commissioners of his Majesty's Treasury of the United Kingdom of Great Britain and Ireland, shall not be deemed or taken to be an appointment or appointments to a new office or new offices, or place or places of profit under the crown; and any person so to be appointed one of the commissioners of his Majesty's Treasury of the United Kingdom of Great Britain and Ireland, shall not be thereby disabled from sitting or voting as a member of the House of Commons, nor shall he be thereby rendered incapable of being elected a member of the House of Commons, any thing in any Act or Acts to the contrary in anywise notwithstanding.

[S. 17 rep. 36 & 37 Vict. c. 91. (S.L.R.)]

Powers of Irish Act, 35 Geo. 3. c. 28., for regulating receipts and issues of Irish Treasury, continued in force, except as altered by this Act.

Powers of the Irish Treasury to be exercised by the Treasury of the United Kingdom.

18. All the provisions, rules, regulations, and directions contained in the Act made in the Parliament of Ireland in the thirty-fifth year of his present Majesty's reign, intituled “An Act for the better regulation of the receipts and issues of his Majesty's Treasury, and for repealing an Act of Parliament passed in the tenth year of Henry the Seventh, intituled ‘An’ Act authorising the treasurer to make all officers as the treasurer of England doth,’” shall be and remain and continue in full force and effect, except only so far as any of the said provisions, rules, regulations, and directions are altered by this Act, or by any other Act or Acts in force immediately before the passing of this Act: Provided always, that in all cases where any powers or authorities are by the said recited Act given to the commissioners for executing the officer of lord high treasurer of Ireland, such powers and authorities shall be vested in and exercised by the commissioners of his Majesty's Treasury of the United Kingdom of Great Britain and Ireland.

[Ss. 19–1 rep. 36 & 37 Vict. c. 91. (S.L.R.)]

Certain public accounts to be annually prepared and laid before Parliament.

22. The Commissioners of his Majesty's Treasury of the United Kingdom of Great Britain and Ireland for the time being shall annually cause an account of the total income of the said United Kingdom, including all duties of customs, excise, stamps, and incidents in Great Britain and Ireland respectively, and all other the ordinary revenues and extraordinary resources of the said United Kingdom, to be prepared and made out for one year, ending on the fifth day of January in each year, together with an account of the income of the consolidated fund of the said United Kingdom, for every such year, and also of the actual payments thereout within the said year, and of the future annual charge upon the said fund as the same stood on that day; and also an account of the net produce of all the permanent taxes of the said United Kingdom within the said year; and also an account of the arrears and balances due from all public accountants on the said fifth day of January in each year; and also an account of the exports and imports of the said United Kingdom, and of the shipping registered in or belonging to the several ports of his Majesty's dominions within the said years; and also an account of the public expenditure of the said United Kingdom, within the said year; and also an account of the public funded debt of the said United Kingdom, and the reduction thereof; and also an account of the unfunded and outstanding debt of the said United Kingdom, as the same stood respectively on the fifth day of January in each year; and also an account shewing how the monies given for the service of the said United Kingdom for the year preceding the said fifth day of January have been disposed of; and the said commissioners shall in each year cause such accounts to be laid before both Houses of Parliament on or before the twenty-fifth day of March in each year, if Parliament shall be then sitting, or if Parliament shall not then be sitting, within fourteen days after the next sitting of Parliament.

[Ss. 23–28 rep. 36 & 37 Vict. c. 91. (S.L.R.)]