The African Development Bank (Further Subscription to Capital Stock) Order 2000 No. 1398


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Statutory Instruments

2000 No. 1398

OVERSEAS DEVELOPMENT AND CO-OPERATION1

The African Development Bank (Further Subscription to Capital Stock) Order 2000

Made

16th May 2000

Coming into force

17th May 2000

Whereas it is provided in section 4(1) of the Overseas Development and Co-operation Act 1980 ("the Act")(1) that if the Government of the United Kingdom becomes bound by arrangements for the making of any further payment to an international development bank beyond the initial subscription or other contribution to its capital stock, the Secretary of State may with the approval of the Treasury by order made by statutory instrument make provision for any of the purposes specified in that subsection;

And whereas a draft of this Order has been laid before the House of Commons in accordance with section 4(3) of the Act and has been approved by a resolution of that House;

Now, therefore, the Secretary of State, in exercise of the powers conferred upon her by section 4 of the Act and with the approval of the Treasury, hereby makes the following Order:

1.-(1) This Order may be cited as the African Development Bank (Further Subscription to Capital Stock) Order 2000 and shall come into force forthwith.

(2) In this Order-�

"the Agreement" means the Agreement establishing the African Development Bank dated 4th August 1963, as amended in accordance with Resolution 05-�79 adopted by the Board of Governors of the Bank (particulars of which Agreement, as so amended, were laid before Parliament by Command of Her Majesty in July 1981)(2);2

"the Bank" means the African Development Bank established by the Agreement;

"Units of Account" means the currency of the Bank as determined by or under the Agreement, each Unit having a value equivalent to one Special Drawing Right of the IMF;

"the Resolution" means Resolution B/BG/98/05 concerning the general increase in the capital stock of the Bank adopted by the Board of Governors of the Bank on 29th May 1998.

2. The Secretary of State may, on behalf of the Government of the United Kingdom, out of money provided by Parliament-�

(a)make payment of a further subscription to the increased authorised capital stock of the Bank of sums not exceeding in the aggregate the equivalent of 139,900,000 Units of Account in accordance with arrangements made between the Government and the Bank in accordance with the Agreement and the Resolution; and

(b)make any payments which may become payable in accordance with the said arrangements to maintain the value of the payment mentioned in paragraph (a) above; and

(c)make payment in sterling of sums required to redeem any non-interest-bearing and non-negotiable notes or other obligations which may be issued or created by her and accepted by the Bank in accordance with the said arrangements.

3. Any sums received by the Government of the United Kingdom from the Bank in pursuance of the said arrangements shall be paid to the Consolidated Fund.

Clare Short

One of Her Majesty's Principal Secretaries of State

11th May 2000

We approve,

Clive Betts

Bob Ainsworth

Two of the Lords Commissioners of Her Majesty's Treasury

16th May 2000

Explanatory Note

(This note is not part of the Order)

This Order provides for the payment to the African Development Bank of a subscription equivalent of 139,900,000 Units of Account to the increased authorised capital stock of the Bank pursuant to arrangements made with the Bank in accordance with Resolution B/BG/98/05 concerning the general increase in the capital stock of the Bank adopted by the Board of Governors of the Bank on 29th May 1998. The Order also provides for the payment of any sum which may be required to maintain the value of that subscription, and for the redemption of non-interest-bearing and non-negotiable notes issued by the Secretary of State in payment of that subscription. It further provides that certain sums that may be received by the Government of the United Kingdom from the Bank shall be paid to the Consolidated Fund. The provisions of Resolution B/BG/98/05 may be obtained by application to the Department for International Development, 94 Victoria Street, London SW1E 5JL.

(2)

Cmnd. 8284.


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