S.I. No. 137/2023 - Finance Act 2004 (Section 91) (Deferred Surrender to Central Fund) Order 2023

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 31st March, 2023.

WHEREAS section 91 of the Finance Act 2004 (No. 8 of 2004) makes provision for the carryover 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 functions of the Minister for Finance under the said section 91 have been transferred to the Minister for Public Expenditure, National Development Plan Delivery and Reform pursuant to the Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 ( S.I. No. 480 of 2011 ) (as adapted by the Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 (S. I. No. 19 of 2023));

AND WHEREAS the Minister for Public Expenditure, National Development Plan Delivery and Reform 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 Schedule 1 to the Appropriation Act 2022 (No. 45 of 2022);

AND WHEREAS there is set out in Schedule 2 to the Appropriation Act 2022 the sums deferred into the year ending 31 December 2023 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 I, PASCHAL DONOHOE, Minister for Public Expenditure, National Development Plan Delivery and Reform, in exercise of the powers conferred on me by section 91 (4) of the Finance Act 2004 and the Finance (Transfer of Departmental Administration and Ministerial Functions) (No. 2) Order 2011 (as adapted by the Public Expenditure and Reform (Alteration of Name of Department and Title of Minister) Order 2023 (S. I. No. 19 of 2023)), hereby order as follows:

1. This Order may be cited as the Finance Act 2004 (Section 91) (Deferred Surrender to Central Fund) Order 2023.

2. The sums set out in column (5) of the Schedule, amounting in the aggregate to €687,245,000 are determined to be available for making good supply in the year ending 31 December 2023 for the capital supply services and purposes by reference to the Vote Number, Title, Capital Subheads and Descriptions 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

Article 2

Details of sums determined for the purposes of Article 2

Vote No.	Title	Capital Subhead	Description	Sums deferred under section 91 of the Finance Act 2004
(1)	(2)	(3)	(4)	(5) €
7	For the salaries and expenses of the Office of the Minister for Finance, including the Paymaster - General’s Office, for certain services administered by the Office of the Minister and for payment of certain grants	A.2	Administration – Non-Pay	50,000
		B.2	Administration – Non-Pay	50,000
			Total under Vote No. 7	100,000
13	For the salaries and expenses of the Office of Public Works, for services administered by that Office and for payment of certain grants and for the recoupment of certain expenditure	B.12	National Recovery and Resilience Plan	27,000,000
13			Total under Vote No. 13	27,000,000
16	For the salaries and expenses of the Valuation Office and certain minor services	A.2.(v)	Office Equipment and External IT Services	590,000
16			Total under Vote No. 16	590,000
18	For the salaries and expenses of the National Shared Services Office	A.3	Financial Management Shared Services Project	1,200,000
18			Total under Vote No. 18	1,200,000
21	For the salaries and expenses of the Prison Service, and other expenses in connection with prisons, including places of detention, and for payment of certain grants	A.3	Buildings and Equipment	3,205,000
21			Total under Vote No. 21	3,205,000
22	For such of the salaries and expenses of the Courts Service and of the Supreme Court, the Court of Appeal, the High Court, the Special Criminal Court, the Circuit Court and the District Court and of certain other minor services as are not charged to the Central Fund	A.3	Courthouses (Capital Works)	1,850,000
22			Total under Vote No. 22	1,850,000
28	For the salaries and expenses of the Office of the Minister for Foreign Affairs and for certain services administered by that Office, including grants and contributions to International Organisations	E.2.(vi)	Office Premises Expenses	2,250,000
28			Total under Vote No. 28	2,250,000
30	For the salaries and expenses of the Office of the Minister for Agriculture, Food and the Marine, including certain services administered by that Office, and for payment of certain grants and subsidies and for the payment of certain grants under cash-limited schemes and the remediation of Haulbowline Island	B.5	Development of Agriculture and Food (Farm)	27,500,000
30			Total under Vote No. 30	27,500,000
31	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 certain other services	A.3.2	Smarter Travel	2,000,000
		A.4	Greenways	17,000,000
		B.3.2	Support for LEV Transition	19,000,000
		B.3.4	Energy, Air and Adaptation	1,560,000
		B.4.2	Rural Transport Programme	450,000
		B.5.1	Heavy Rail Safety and Development	18,100,000
		B.5.2	Public Transport Infrastructure	54,856,000
		B.5.3	Accessibility Retrofit Programme	3,000,000
		C.3.3	Construction and Development of National Roads	9,000,000
		C.7.2	National Vehicle Computerisation	1,500,000
		C.7.3	Road Transport Operator Licensing	840,000
		D.3	Regional Airports	4,900,000
		E.3	Irish Coast Guard	5,600,000
		E.4	Commissioner of Irish Lights	150,000
			Total under Vote No. 31	137,956,000
32	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 and grants and for the payment of certain grants under cash-limited schemes	A.5	IDA Ireland	30,500,000
		A.7	Enterprise Ireland	24,000,000
			Total under Vote No. 32	54,500,000
33	For the salaries and expenses of the Office of the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media including certain services administered by that Office, and for payment of certain subsidies and grants	B.7	Cultural Infrastructure and Development	6,500,000
		C.3	Gaeltacht Support Schemes	500,000
		C.4	Irish Language Support Schemes	1,000,00
		C.8	Údarás na Gaeltachta – Grants for Projects and Capital Expenditure on Premises	500,000
		D.3	Sports Capital and Equipment Programme	11,500,000
			Total under Vote No. 33	20,000,000
34	For the salaries and expenses of the Office of the Minister for Housing, Local Government and Heritage including grants to Local Authorities, grants and other expenses in connection with housing, water services, miscellaneous schemes, subsidies, grants and payment of certain grants under cash-limited schemes	A.3	Local Authority Housing	240,000,000
		B.5	Irish Water	95,800,000
		F.8	Peatlands Restoration, Conservation and Management	4,200,000
			Total under Vote No. 34	340,000,000
37	For the salaries and expenses of the Office of the Minister for Social Protection, for certain services administered by that Office, for payments to the Social Insurance Fund and for certain grants	A.2.(v)	Office Equipment and External IT Services	390,000
		A.2.(vi)	Office Premises Expenses	1,000,000
			Total under Vote No. 37	1,390,000
39	For the salaries and expenses of the Office of Government Procurement	A.3	Procurement, Consultancy and Other Costs	35,000
39			Total under Vote No. 39	35,000
42	For the salaries and expenses of the Office of the Minister for Rural and Community Development including certain services administered by that Office and for the payment of grants	A.7	Rural Regeneration and Development	10,500,000
		B.11.3	Community Centre Investment Fund	4,000,000
			Total under Vote No. 42	14,500,000
45	For the salaries and expenses of the Office of the Minister for Further and Higher Education, Research, Innovation and Science for certain services administered by that Office, and for the payment of certain grants	B.16	Third Level Infrastructure	49,169,000
		B.18.1	Shared Services Entity Operations	6,000,000
			Total under Vote No. 45	55,169,000
TOTAL OF SCHEDULE				687,245,000

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GIVEN under my Official Seal,

10 March, 2023.

PASCHAL DONOHOE,

Minister for Public Expenditure,

National Development Plan Delivery and Reform.