Section 158 — Finance Act 2008: Power of Treasury to make payments

Power of Treasury to make payments 158 1 This section applies if a person makes a claim which, in the Treasury's opinion, is a financial claim that concerns an Exchequer account.

2 The Treasury may pay money from any Exchequer account—

a to satisfy the claim (in whole or in part), or b to enable the claim to be satisfied (in whole or in part) from another government account.

3 The reference in this section to a financial claim that concerns an Exchequer account includes, in particular, either of the following cases.

4 The first case is where a financial claim relates to—

a a case where money is paid into a government account, but the money should not have, or need not have, been paid into that account, or b a case where money should have been, or needed to be, paid out of a government account, but the money—

i was not paid out of that account, or ii was paid out of that account, but not as it should have been, or needed to be, paid.

5 The second case is where a financial claim relates to the exercise of functions that relate to an Exchequer account (whether the functions are exercisable by the Treasury or another person).

6 In this section— “ Exchequer account ” means— the Consolidated Fund, the Debt Management Account, the Exchange Equalisation Account, or the National Loans Fund; and a reference to an Exchequer account includes a reference to the assets or liabilities of the account; “ financial claim ” means a claim (whether or not legally enforceable) for the payment of an amount of money, including a claim in respect of— money paid or not paid by any person, interest earned or not earned by any person, or loss, costs or expenses incurred by any person; “ government account ” means—

an Exchequer account, or any other account in which money is held by or on behalf of Her Majesty's Government in the United Kingdom.