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| Housing for Wales |
Transfer of functions, property, staff etc. to Secretary of State. |
132. - (1) The functions of Housing for Wales shall be transferred to the Secretary of State in accordance with the provisions of Schedule 12 which amends the enactments relating to that body for the purpose of- |
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(a) transferring its functions to the Secretary of State, and |
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(b) making provision consequential on the transfer. |
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(2) There shall be transferred to and vest in the Secretary of State for Wales by virtue of this subsection all property, rights and liabilities to which Housing for Wales is entitled or subject when its functions are transferred to the Secretary of State in accordance with the provisions of Schedule 12. |
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(3) A certificate issued by the Secretary of State that any property has been transferred by subsection (2) shall be conclusive evidence of the transfer. |
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(4) Subsection (2) has effect in relation to property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by that subsection. |
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(5) Subsection (2) does not have effect to continue in force any contract of employment; but the Secretary of State may by order make provision for the transfer of staff of Housing for Wales. |
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(6) An order under subsection (5) may make any appropriate consequential, incidental, supplementary or transitional provisions or savings. |
Transitional provisions. |
133. - (1) Nothing in section 132 or Schedule 12, or in any repeal made by this Act, affects the validity of anything done by or in relation to Housing for Wales before its functions are transferred. |
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(2) There may be continued by or in relation to the Secretary of State for Wales anything (including legal proceedings) which- |
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(a) relates to any of the functions of Housing for Wales or to any property, rights or liabilities transferred by section 132(2), and |
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(b) is in the process of being done by or in relation to Housing for Wales when its functions are transferred. |
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(3) Anything which- |
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(a) was done by Housing for Wales for the purpose of or in connection with any of its functions or with any property, rights or liabilities transferred by section 132(2), and |
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(b) is in effect immediately before its functions are transferred, |
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shall have effect, so far as is required for continuing its effect, as if done by the Secretary of State for Wales. |
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(4) The Secretary of State for Wales shall be substituted for Housing for Wales in any instruments, contracts or legal proceedings which- |
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(a) relate to any of the functions of Housing for Wales or to any property, rights or liabilities transferred by section 132(2), and |
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(b) are made or commenced before its functions are transferred. |
Winding-down. |
134. - (1) Housing for Wales shall give to the Secretary of State all the information, prepare all the documents and do all other things which appear to the Secretary of State appropriate for the purpose of facilitating- |
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(a) the carrying into effect of sections 132, 133 and 135 and Schedule 12, or |
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(b) the exercise of any functions transferred to the Secretary of State by Schedule 12 or conferred or imposed on him by this section; |
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and Housing for Wales may do anything else which appears to it appropriate for that purpose. |
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(2) Housing for Wales shall comply with section 78(1) and (2) (annual reports) and section 97(1) to (3) (accounts) of the Housing Associations Act 1985- |
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(a) in relation to the last financial year ending before its functions are transferred (if it has not done so before then), and |
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(b) in relation to the period between the end of that financial year and the time when its functions are transferred (to which period those provisions shall apply as if it were a financial year). |
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(3) As from the time when the functions of Housing for Wales are transferred, the Secretary of State shall make available to Housing for Wales such facilities as it may reasonably require for exercising its functions under this section. |
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(4) Section 78(3) of the Housing Associations Act 1985 (duty of Secretary of State to lay reports before Parliament) shall apply in relation to a report made pursuant to subsection (2). |
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(5) Section 97(4) of that Act (duty of Secretary of State to prepare accounts) shall, so far as it relates to Housing for Wales, apply in relation to the period between- |
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(a) the end of the last financial year before its functions are transferred, and |
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(b) the time when its functions are transferred, |
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as if it were a financial year. |
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(6) The Secretary of State may pay to members of Housing for Wales- |
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(a) any remuneration which he considers appropriate in respect of the performance of their duties as members of Housing for Wales after the time when its functions are transferred, and |
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(b) any allowances which he determines should be paid to them in respect of expenses properly incurred by them in the performance of those duties after that time. |
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(7) The Secretary of State may determine that, as from the time when the functions of Housing for Wales are transferred or any later time, the number of members of Housing for Wales shall be reduced to a number which he considers appropriate (and may, accordingly, remove any such members from office). |
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(8) The Secretary of State shall meet the costs of remunerating auditors and any other costs incurred by Housing for Wales in connection with the exercise of any of its functions under this section. |
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(9) In this section "financial year" has the meaning given by section 101 of the Housing Associations Act 1985. |
Abolition etc. |
135. - (1) Housing for Wales shall cease to exist when the Secretary of State, being satisfied that its duties under section 134 have been discharged, by order so directs. |
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(2) No amendment or repeal made by this Act or by virtue of subsection (3) affects- |
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(a) the continuance of Housing for Wales for the purpose of exercising its functions under section 134, or |
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(b) the continued operation for that purpose of any enactment relating to Housing for Wales. |
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(3) The Secretary of State may by order make any consequential, incidental, supplementary or transitional provisions, and any savings, which appear to him to be appropriate in consequence of or otherwise in connection with- |
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(a) the transfer of functions, property, rights and liabilities of Housing for Wales by section 132(1) and (2) and Schedule 12, or |
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(b) the abolition of Housing for Wales. |
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(4) An order under subsection (3) may include provisions in the form of amendments or repeals of sections 132 to 134, Schedule 12 or any other enactment. |
| Accountability |
Accounts, audit and reports. |
136. - (1) The Secretary of State may by order make provision about- |
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(a) the accounts of any body specified in Part I or II of Schedule 13, |
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(b) the audit of any such body's accounts, or |
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(c) reports by any such body on its exercise of its functions. |
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(2) An order under subsection (1) may not make any provision about, or about the audit of, the accounts kept in pursuance of section 98(1) of the National Health Service Act 1977 (accounts subject to audit by auditors appointed by the Audit Commission) by any body specified in Part II of Schedule 13. |
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(3) An order under subsection (1) may include provision imposing, varying or abolishing requirements in respect of any accounts or reports or the audit of any accounts and, in particular, may provide for- |
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(a) designating accounting officers and specifying their responsibilities, |
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(b) the granting of rights of access to documents, and of obtaining information, explanations and assistance from persons holding or accountable for documents, to auditors and to persons considering reports by any auditor or body, |
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(c) the giving of directions by the Assembly (or, before the first ordinary election, by the Secretary of State), and |
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(d) the publication and public inspection of documents. |
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(4) An order under subsection (1) may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings (including provisions in the form of amendments or repeals of enactments). |
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(5) An Order in Council under section 22 may include any provision that may be included in an order under subsection (1). |
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(6) The Secretary of State may by order amend any of the Parts of Schedule 13 by- |
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(a) adding any public body (other than the Auditor General for Wales, Her Majesty's Chief Inspector of Schools in Wales, a county council, a county borough council or a community council) whose functions relate exclusively to Wales or an area of Wales, |
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(b) omitting any body, or |
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(c) altering the description of any body. |
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(7) In this section- |
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(a) "audit", in relation to any accounts, includes their examination and certification and reporting on them or on any examination of them, and |
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(b) "body" includes office. |
Examinations into use of resources. |
137. - (1) The Auditor General for Wales may carry out examinations into the economy, efficiency and effectiveness with which a body or office specified in Schedule 13 has used its resources in discharging its functions. |
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(2) Subsection (1) shall not be construed as entitling the Auditor General for Wales to question the merits of the policy objectives of any body or office in respect of which an examination is carried out. |
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(3) In determining how to exercise his functions under this section, the Auditor General for Wales shall take into account the views of the Audit Committee (or, before the first ordinary election, the views of the Secretary of State) as to the examinations which he should carry out under this section. |
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(4) The Auditor General for Wales may lay before the Assembly a report of the results of any examination carried out by him under this section. |
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(5) The Auditor General for Wales and the Comptroller and Auditor General may co-operate with, and give assistance to, each other in connection with the carrying out of examinations under this section, or section 6 or 7 of the National Audit Act 1983 (economy etc. examinations), in respect of a body or office specified in Schedule 13. |
Transfer etc. of functions of Comptroller and Auditor General. |
138. - (1) The Secretary of State may by order provide for any function of the Comptroller and Auditor General, so far as relating to a body or office falling within subsection (2), to be transferred to, or become a function also of, the Auditor General for Wales. |
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(2) The bodies and offices falling within this subsection are- |
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(a) any body or office specified in Schedule 13, and |
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(b) any body or office (other than one specified in Schedule 13) whose functions relate exclusively to Wales or an area of Wales (but not the Auditor General for Wales or Her Majesty's Chief Inspector of Schools in Wales or any county council, county borough council or community council). |
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(3) An order under subsection (1) may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings (including provisions in the form of amendments or repeals of enactments). |
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(4) An Order in Council under section 22 may make any provision that may be made by an order under subsection (1). |
| Miscellaneous |
Health Authorities. |
139. In section 8(2) of the National Health Service Act 1977 (each Health Authority to act for such area of England or of Wales as is specified in the order establishing it), at the end insert "or, if the order so provides, for the whole of Wales". |
Agricultural wages committees. |
140. In section 2 of the Agricultural Wages Act 1948 (agricultural wages committees for counties and combinations of counties), in the proviso to subsection (1) (exceptions to proposition that there be one committee for each county in England and Wales), at the end insert "and |
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(c) there may, if the Minister thinks it expedient, be established as aforesaid a committee for the combination of all the counties in Wales instead of separate committees for counties or combinations of counties in Wales." |
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