Government of Wales Bill

Government of Wales Bill - continued	House of Commons

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PART IV

ASSEMBLY FINANCE

Payments to Assembly etc.

Grants to Assembly.

80. - (1) The Secretary of State shall from time to time make payments to the Assembly out of money provided by Parliament of such amounts as he may determine.

(2) Any Minister of the Crown, and any government department, may make to the Assembly payments of such amounts as the Minister or department may determine.

Statement of estimated payments etc.

81. - (1) The Secretary of State shall for each financial year of the Assembly make a written statement showing-

(a) the total amount of the payments which he estimates will be made by him for that year under section 80(1),

(b) the total amount of any other payments which he estimates will be made to the Assembly for that year by Ministers of the Crown and government departments, and

(c) the total amount of the payments which he estimates will be made to the Assembly for that year otherwise than by a Minister of the Crown or government department.

(2) The statement shall also-

(a) show the total amount of any basic credit approvals which the Secretary of State estimates will be issued by the Assembly for the year under section 53 of the Local Government and Housing Act 1989, and

(b) include such other information as the Secretary of State considers appropriate (including, in particular, information relating to amounts of any supplementary credit approvals which he estimates have been, or are to be, issued by the Assembly under section 54 of that Act).

(3) The statement shall also show the total amount which the Secretary of State for Wales proposes to expend for that year out of money provided by Parliament otherwise than on making payments to the Assembly.

(4) The statement shall include details of how the total amounts referred to in subsections (1)(a), (b) and (c), (2)(a) and (3) have been arrived at.

(5) The statement for each financial year of the Assembly after the first shall be made no later than four months before the beginning of the financial year; and the statement for the first financial year of the Assembly shall be made as soon as is reasonably practicable.

(6) The Secretary of State shall lay before the Assembly any statement made under this section.

Loans to Assembly by Secretary of State.

82. - (1) The Secretary of State may from time to time lend to the Assembly such sums as it appears to the Assembly are required for the purpose of-

meeting a temporary excess of expenditure by the Assembly over its receipts, or

providing the Assembly with a working balance.

(2) The Treasury may issue to the Secretary of State out of the National Loans Fund such sums as he needs for making loans under this section.

(3) Any loans which the Secretary of State makes under this section shall be repaid to him at such times, and interest on them shall be paid to him at such rates and at such times, as the Treasury from time to time determine.

(4) Sums received by the Secretary of State under subsection (3) shall be paid into the National Loans Fund.

(5) The aggregate outstanding in respect of the principal of loans made under this section shall not exceed £500 million.

(6) The Secretary of State may from time to time by order made with the consent of the Treasury substitute for the amount specified in subsection (5) such greater amount as is specified in the order.

Accounts relating to loans under section 82.

83. - (1) The Secretary of State shall for each financial year of the Assembly prepare accounts in such form and manner as the Treasury may direct of-

(a) loans made by him under section 82, and

(b) repayments and payments of interest made to him under that section.

(2) The Secretary of State shall send accounts under subsection (1) relating to a financial year to the Comptroller and Auditor General no later than five months after the end of the financial year.

(3) The Comptroller and Auditor General shall-

(a) examine, certify and report on accounts sent to him under subsection (2), and

(b) lay copies of the accounts, together with his report, before each House of Parliament.

Destination of receipts etc.

84. - (1) The Treasury may direct that any requirement that sums be paid into the Consolidated Fund shall not have effect in relation to sums received by the Assembly if the sums are, or are of a description, specified in the direction.

(2) Any sums received by the Assembly-

(a) under section 54 of the Local Government Finance Act 1988 (central rating),

(b) under section 59 of that Act (contributions in respect of Crown hereditaments), or

(c) under paragraph 5 of Schedule 8 to that Act or regulations under sub-paragraph (15) of that paragraph (non-domestic rating contributions),

are not required to be paid into the Consolidated Fund.

Expenditure by Assembly etc.

Expenditure by Assembly.

85. - (1) No expenditure shall be incurred by the Assembly except-

(a) in, or in connection with, the exercise of any of the functions of the Assembly, or

(b) for a purpose for which expenditure is authorised or required to be incurred by the Assembly by any enactment.

(2) The ways in which the Assembly may incur expenditure include, in particular, giving financial assistance (whether by way of grant, loan or guarantee) to any person engaged in any activity which the Assembly considers will secure, or help to secure, the attainment of any objective which the Assembly aims to attain in the exercise of any of its functions.

(3) The Assembly may attach conditions to the giving of financial assistance by the Assembly; and the conditions which may be attached include, in particular, conditions requiring the repayment of the whole or any part of a grant, or the making of any other payments, in any circumstances.

Statement of proposed expenditure etc.

86. - (1) The Assembly shall before the beginning of each financial year of the Assembly after the first make a written statement showing-

(a) the total amount of the expenditure which it proposes to incur for that year, and

(b) on what it proposes to incur that expenditure.

(2) The statement shall also show-

(a) the total amount of the payments which the Assembly expects will be made by the Secretary of State for that year under section 80(1),

(b) the total amount of any other payments which the Assembly expects will be made to the Assembly for that year by Ministers of the Crown and government departments, and

(c) the total amount of the payments which the Assembly expects will be made to the Assembly for that year otherwise than by a Minister of the Crown or government department.

(3) The statement shall also-

(a) show the total amount of any basic credit approvals which the Assembly has issued, or expects to issue, for the year under section 53 of the Local Government and Housing Act 1989, and

(b) include such other information as the Assembly considers appropriate (including, in particular, information relating to amounts of any supplementary credit approvals which the Assembly has issued, or expects to issue, under section 54 of that Act).

(4) A statement under this section shall be published by the Assembly as soon after being made as is reasonably practicable.

National Loans Fund lending.

87. - (1) This section applies where-

(a) a power of a Minister of the Crown to lend money is transferred to the Assembly by an Order in Council under section 22, and

(b) any sums required for the exercise of the power are issued out of the National Loans Fund.

(2) The rate of interest on any loan made by the Assembly in the exercise of the power shall be not less than the lowest rate determined by the Treasury under section 5 of the National Loans Act 1968 in respect of similar loans made out of the National Loans Fund on the day the loan is made.

(3) The provision for the issue of the sums shall, so far as relating to the issue of sums required for the exercise of the power by the Assembly, have effect as provision for the issue of the sums to the Minister of the Crown and for imposing a duty on him to pay them to the Assembly.

(4) If, before the power is transferred, any repayment of, or payment of interest on, any loan made in the exercise of the power is required to be made to a Minister of the Crown for payment by him into the National Loans Fund, any such repayment or payment made after the transfer shall be made to the Assembly and the Assembly shall then pay it to the Minister of the Crown for payment by him into that Fund.

(5) Subsection (4) applies in relation to loans made, before the transfer, by the Minister of the Crown as well as to loans made, after the transfer, by the Assembly.

Accounts relating to funds paid to Assembly for lending.

88. - (1) The Secretary of State shall for each financial year of the Assembly prepare accounts in such form and manner as the Treasury may direct of-

(a) relevant loan funds paid by him to the Assembly, and

(b) sums paid to him by the Assembly which are repayments of, or payments of interest on, loans made out of relevant loan funds.

(2) In subsection (1) "relevant loan funds" means sums which are-

(a) issued to the Secretary of State out of the National Loans Fund,

(b) paid by him to the Assembly, and

(3) The Secretary of State shall send accounts under subsection (1) relating to a financial year to the Comptroller and Auditor General no later than five months after the end of the financial year.

(4) The Comptroller and Auditor General shall-

(a) examine, certify and report on accounts sent to him under subsection (3), and

(b) lay copies of the accounts, together with his report, before each House of Parliament.

Source of sums paid by Assembly.

89. Any enactment which-

(a) charges the payment of any sum on the Consolidated Fund or requires or authorises the payment of any sum from that Fund, or

(b) requires or authorises the payment of any sum out of money provided by Parliament,

shall cease to have effect in so far as that sum is payable by the Assembly.

The Auditor General for Wales

Auditor General for Wales.

90. - (1) There shall be an office of Auditor General for Wales or Archwilydd Cyffredinol Cymru.

(2) The person for the time being holding that office shall by the name of that office be a corporation sole.

(3) The Auditor General for Wales shall be appointed by Her Majesty.

(4) Subject to subsections (5) and (6), the Auditor General for Wales shall hold office until the end of the period for which he is appointed.

(5) Her Majesty may relieve the Auditor General for Wales of office before the end of the period for which he was appointed-

(a) at his request, or

(b) on Her Majesty being satisfied that he is incapable for medical reasons of performing the duties of his office and of requesting to be relieved of it.

(6) Her Majesty may remove the Auditor General for Wales from office before the end of the period for which he was appointed if, on the ground of misbehaviour, the Secretary of State recommends that Her Majesty should do so; but the Secretary of State shall not so recommend without consulting the Assembly.

(7) The Auditor General for Wales shall not be regarded as holding office under Her Majesty or as exercising any functions on behalf of the Crown; but he shall be taken to be a Crown servant for the purposes of the Official Secrets Act 1989.

Remuneration.

91. - (1) The Assembly (or, before the first ordinary election, the Secretary of State) shall-

(a)

pay the Auditor General for Wales such salary and any such allowances, and

(b)

make any such paym

ents towards the provision of superannuation benefits for or in respect of him,as may be provided for by or under the terms of his appointment.

(2) The Assembly shall pay to or in respect of a person who has ceased to hold office as Auditor General for Wales such amounts (if any) by way of-

(a) pension or gratuities, or

(b) provision for those benefits,

as may have been provided for by or under the terms of his appointment.

(3) In Schedule 1 to the Superannuation Act 1972 (offices etc. to which section 1 of that Act applies), in the list of "Offices" insert-

" Auditor General for Wales."

(4) The Assembly shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to subsection (3) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

Staff etc.

92. - (1) Arrangements may be made between the Auditor General for Wales and the Comptroller and Auditor General for the provision of administrative, professional or technical services to the Auditor General for Wales by the National Audit Office.

(2) The Auditor General for Wales may, having regard to any arrangements made or capable of being made under subsection (1), appoint such staff or secure the provision of such services as he considers necessary for assisting him in the exercise of his functions.

(3) But no arrangements may be made under section 40 between the Auditor General for Wales and the Assembly.

(4) The staff of the Auditor General for Wales shall be appointed on such terms and conditions as he may determine; and he shall pay his staff such remuneration as may be provided for by or under their terms of appointment.

(5) In Schedule 1 to the Superannuation Act 1972 (employments etc. to which section 1 of that Act applies), at the appropriate place in the list of "Other Bodies" insert-

" Employment as a member of the staff of the Auditor General for Wales."

(6) The Assembly shall pay to the Minister for the Civil Service, at such times as he may direct, such sums as he may determine in respect of any increase attributable to subsection (5) in the sums payable out of money provided by Parliament under the Superannuation Act 1972.

(7) No member of the staff of the Auditor General for Wales shall be regarded as holding office under Her Majesty or as exercising any functions on behalf of the Crown; but each member of his staff shall be taken to be a Crown servant for the purposes of the Official Secrets Act 1989.

(8) Anything which under any enactment is required to be done by the Auditor General for Wales may be done by-

(a) a member of his staff,

(b) a member of the staff of the National Audit Office providing services to him in pursuance of arrangements made under subsection (1), or

if authorised by him for that purpose.

(9) An authority under subsection (8) to certify or report on accounts (or statements of accounts) for the Assembly-

(a) shall extend only to accounts (or statements) which the presiding officer has certified to the Assembly that the Auditor General for Wales is unable to certify or report on himself, and

(b) shall cease on a vacancy arising in the office of Auditor General for Wales.

(10) The reference in subsection (9)(a) to the presiding officer includes a reference to any person for the time being performing the functions of presiding officer.

Prepared 27 November 1997