22(1)HEE must ensure that—
(a)its use of capital resources in a financial year does not exceed the amount specified by the Secretary of State, and
(b)its use of revenue resources in a financial year does not exceed the amount specified by the Secretary of State.
(2)The Secretary of State may, in relation to a financial year, direct that for the purposes of this paragraph—
(a)resources of a specified description are, or are not, to be treated as capital resources or revenue resources;
(b)a specified use of capital resources or revenue resources is, or is not, to be taken into account.
(3)An amount specified for the purposes of sub-paragraph (1)(a) or (b) may be varied only if—
(a)HEE agrees,
(b)a parliamentary general election takes place, or
(c)the Secretary of State considers that exceptional circumstances make the variation necessary.
(4)A reference to the use of capital resources or revenue resources is a reference to their expenditure, consumption or reduction in value.