45. (1) Subject to subsection (2), the Minister shall, in respect of a financial year of the Agency—

(a) determine the maximum amount of net expenditure that may be incurred by the Agency F36[, in respect of its functions other than its education welfare functions,] for that financial year, and

F37[(b) notify the Agency of the determination of net expenditure referred to in paragraph (a) in the context of the Performance Statement developed under section 44(1).]

F36[(1A) Subject to subsection (2), the Minister for Education shall, in respect of a financial year of the Agency—

(a) determine the maximum amount of net expenditure that may be incurred by the Agency in respect of its education welfare functions for that financial year, and

(b) notify the Agency of the determination of net expenditure referred to in paragraph (a) in the context of the Performance Statement developed under section 44(1A).]

(2) Where the Minister F36[or the Minister for Education] considers it appropriate in any particular case, a determination under this section may relate to such period (other than the financial year of the Agency) as F37[the Minister concerned may specify in a notification under subsection (1) or (1A), as the case may be].

(3) The Minister may amend a determination under subsection (1) F36[and the Minister for Education may amend a determination under subsection (1A)] by varying the maximum amount of net expenditure that the Agency may incur for a particular financial year and, if F37[the Minister concerned varies that amount, that Minister] shall notify the Agency in writing of the amendment as soon as may be and the amended determination shall apply and have effect.