SCHEDULE 6 continued
Budget Responsibility and National Audit BillPage 40
(iii) the holding of documents or information;
(iv) the keeping of records;
(i)
the charging of fees or other amounts in relation to
functions of—
(i) 5the Auditor General, or
(ii)
auditors appointed by the Auditor General
under an enactment;
(j)
the restatement of any law relating to the Auditor
General.”
4 (1) 10Part 2 (exceptions to matters and general restrictions) is amended as follows.
(2)
In paragraph 3 (restrictions on modifying enactments other than GOWA
2006)—
(a) the existing provision is renumbered as sub-paragraph (1), and
(b) after that sub-paragraph insert—
“(2)
15Sub-paragraph (1), so far as it applies in relation to sections
145, 145A and 146A(1) of the Government of Wales Act
1998, does not apply to a provision to which sub-
paragraph (3) applies.
(3)
This sub-paragraph applies to a provision of an Assembly
20Measure which—
(a) is a provision relating to matter 14.1,
(b)
provides for the enforcement of a provision
relating to matter 14.1 or is otherwise appropriate
for making such a provision effective, or
(c)
25is otherwise incidental to, or consequential on, such
a provision.”
(3)
In paragraph 6 (restrictions on amending GOWA 2006), after sub-paragraph
(3) insert—
“(4)
Sub-paragraph (1) does not apply in relation to any provision to
30which paragraph 3(3) applies.
(5)
But, subject to sub-paragraph (6), a provision to which paragraph
3(3) applies cannot modify, or confer power by subordinate
legislation to modify, paragraph 3 of Schedule 8.
(6)
Sub-paragraph (5) does not prevent the conferral of functions on a
35committee of the Assembly that—
(a)
does not consist of or include any of the following
persons—
(i)
the First Minister or any person designated to
exercise functions of the First Minister,
(ii) 40a Welsh Minister appointed under section 48,
(iii)
the Counsel General or any person designated to
exercise the functions of the Counsel General, or
(iv) a Deputy Welsh Minister, and
(b)
is not chaired by an Assembly member who is a member of
45a political group with an executive role.”
Budget Responsibility and National Audit BillPage 41
5 Schedule 7 to GOWA 2006 (Acts of the Assembly) is amended as follows.
6
In Part 1 (subjects), in paragraph 14 (public administration), after “Public
Services Ombudsman for Wales.” insert “Auditor General for Wales.”
7 (1) 5Part 2 (general restrictions) is amended as follows.
(2)
In paragraph 2 (restrictions on modifying enactments other than GOWA
2006), after sub-paragraph (2) insert—
“(3)
Sub-paragraph (1), so far as it applies in relation to sections 145,
145A and 146A(1) of the Government of Wales Act 1998, does not
10apply to a provision to which sub-paragraph (4) applies.
(4)
This sub-paragraph applies to a provision of an Act of the
Assembly which—
(a)
is a provision relating to the oversight or supervision of the
Auditor General or of the exercise of the Auditor General’s
15functions,
(b)
provides for the enforcement of a provision falling within
paragraph (a) or is otherwise appropriate for making such
a provision effective, or
(c)
is otherwise incidental to, or consequential on, such a
20provision.”
(3) In paragraph 5 (restrictions on amending GOWA 2006)—
(a) in sub-paragraph (2), at the end insert—
“(c)
any provision of Schedule 8, other than paragraphs
1(1) to (3), 2(2) to (4) and 3.”, and
(b) 25after sub-paragraph (3) insert—
“(4)
Sub-paragraph (1) does not apply in relation to a provision
to which paragraph 2(4) applies.
(5)
But, subject to sub-paragraph (6), a provision to which
paragraph 2(4) applies cannot modify, or confer power by
30subordinate legislation to modify, paragraph 3 of Schedule
8.
(6)
Sub-paragraph (5) does not prevent the conferral of
functions on a committee of the Assembly that—
(a)
does not consist of or include any of the following
35persons—
(i)
the First Minister or any person designated
to exercise functions of the First Minister,
(ii)
a Welsh Minister appointed under section
48,
(iii)
40the Counsel General or any person
designated to exercise the functions of the
Counsel General, or
(iv) a Deputy Welsh Minister, and
(b)
is not chaired by an Assembly member who is a
45member of a political group with an executive
role.”