Budget Responsibility and National Audit Bill (HL Bill 42)

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

Acts of the Assembly

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.