Division of Revenue Act, 2020 (Act No. 4 of 2020)Chapter 4 : Matters relating to all Allocations26. New allocations during financial year and Schedule 7 allocations |
| (1) | If further allocations are made to provinces or municipalities, as envisaged in section 6(3), the National Treasury must, before the transfer of any funds to a province or municipality, by notice in the Gazette and as applicable— |
| (a) | amend any allocation or framework published in terms of section 16; |
| (b) | publish the allocation per municipality for any new Part B of Schedule 5 allocation or the indicative allocation per municipality for any new Part B of Schedule 6 allocation; or |
| (c) | publish a framework for any new Schedule 4, 5, 6 or 7 allocation. |
| (2) | Section 16(2) to (5) applies, with the necessary changes, to allocations and frameworks published in terms of subsection (1). |
(3)
| (a) | The transferring officer may, with the approval of the National Treasury, make one or more transfers of a Schedule 7 allocation to a province or municipality for— |
| (i) | a declared disaster within the period envisaged in section 27(5), 41(5) or 55(5) of the Disaster Management Act, 2002 (Act No. 57 of 2002); or |
| (ii) | a housing emergency within 100 days after the date of the declaration of a housing emergency. |
| (b) | The transferring officer must notify the relevant provincial treasury and the National Treasury within 14 days of a transfer of a Schedule 7 allocation to a province or municipality. |
| (c) | The National Treasury must, within 21 days after the end of the 100-day period envisaged in paragraph (a), by notice in the Gazette, publish all transfers of a Schedule 7 allocation made for a declared disaster. |
| (d) | Despite any other legislation to the contrary, the National Treasury may approve that funds allocated in Schedule 7 be used at any time. |
| (e) | The funds approved in terms of paragraph (d) must be included either in the provincial adjustments appropriation legislation, municipal adjustments budgets or other appropriation legislation. |