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Financing of Commission |
| | 13.-(1) T e expenditure of the Commission, so far as it cannot be met out of income received by the Commission, shall be met, in accordance with this paragraph, out of money provided by Parliament (except so far as it is met by the National Assembly for Wales in pursuance of section 4(3) or 17(8)).
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(2) For each financial year (other than the Commission's first financial year) the Commission shall prepare, and submit to the Speaker's Committee, an estimate of the Commission's income and expenditure.
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(3) The Speaker's Committee shall-
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(a) examine each such estimate submitted to them; and |
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(b) decide whether they are satisfied that the estimated level of income and expenditure is consistent with the economical, efficient and effective discharge by the Commission of their functions; and |
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(c) if they are not so satisfied, shall make such modifications to the estimate as they consider appropriate for the purpose of achieving such consistency. |
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(4) Before deciding whether they are so satisfied or making any such modifications, the Speaker's Committee shall-
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(a) have regard to the most recent report made to them by the Comptroller and Auditor General under paragraph 15 and to any recommendations contained in that report; and |
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(b) consult the Treasury and have regard to any advice which the Treasury may give. |
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(5) The Speaker's Committee shall, after concluding their examination and making their modifications (if any) to the estimate, lay the estimate before the House of Commons.
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(6) If the Speaker's Committee, in the discharge of their functions under this paragraph-
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(a) do not follow any recommendation contained in the report of the Comptroller and Auditor General, |
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(b) do not follow any advice given to them by the Treasury, or |
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(c) make any modification to the estimate, |
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they shall include in the next report which they make to the House of Commons under paragraph 1 of Schedule 2 a statement of their reasons for so doing.
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(7) The Secretary of State may by order provide for the transfer to the Commission of such property, rights and liabilities-
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(a) to which he is entitled or subject, and |
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(b) which are specified in the order, |
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as he considers appropriate in connection with the establishment of the Commission.
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(8) Such an order may in particular provide for the order to have effect despite any provision (of whatever nature) which would prevent or restrict the transfer of any such property, rights or liabilities otherwise than by the order.
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Five-year plan |
| | 14. - (1) When the Commission submit to the Speaker's Committee such an estimate as is mentioned in paragraph 13 the Commission shall also submit to the Committee a plan prepared by the Commission setting out the Commission's-
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(a) aims and objectives for the period of five years beginning with the financial year to which the estimate relates, and |
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(b) estimated requirements for resources during that five-year period. |
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(2) The Speaker's Committee shall-
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(a) examine each plan submitted to them; and |
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(b) decide whether they are satisfied that the plan is consistent with the economical, efficient and effective discharge by the Commission of their functions; and |
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(c) if they are not so satisfied, shall make such modifications to the plan as they consider appropriate for purpose of achieving such consistency. |
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(3) Before deciding whether they are so satisfied or making any such modifications, the Speaker's Committee shall-
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(a) have regard to the most recent report made to them by the Comptroller and Auditor General under paragraph 15 and to any recommendations contained in that report; and |
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(b) consult the Treasury and have regard to any advice which the Treasury may give. |
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(4) The Speaker's Committee shall, after concluding their examination and making their modifications (if any) to the plan, lay the plan before the House of Commons.
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(5) If the Speaker's Committee, in the discharge of their functions under this paragraph-
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(a) do not follow any recommendation contained in the report of the Comptroller and Auditor General; |
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(b) do not follow any advice given to them by the Treasury; or |
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(c) make any modification to the plan, |
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they shall include in the next report which they make to the House of Commons under paragraph 1 of Schedule 2 a statement of their reasons for so doing.
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Annual examination of Commission by Comptroller and Auditor General |
| | 15. - (1) For the purpose of assisting the Speaker's Committee to discharge their functions under paragraphs 13 and 14 the Comptroller and Auditor General shall in each year-
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(a) carry out an examination into the economy, efficiency or effectiveness (or, if he so determines, any combination thereof) with which the Commission have used their resources in discharging their functions (or, if he so determines, any particular functions of theirs); |
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(b) report to the Speaker's Committee the results of the examination; and |
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(c) include in his report such recommendations as he considers appropriate in the light of the examination. |
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(2) Section 8 of the National Audit Act 1983 (right to obtain documents and information) shall apply in relation to any examination under this paragraph as it applies in relation to an examination under section 6 of that Act.
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Accounts |
| | 16. - (1) The Commission shall keep proper accounting records.
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(2) The Commission shall, for each financial year, prepare accounts in accordance with directions given to the Commission by the Treasury.
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(3) The directions which the Treasury may give under sub-paragraph (2) include, in particular, directions as to-
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(a) the information to be contained in the accounts and the manner in which it is to be presented, |
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(b) the methods and principles in accordance with which the accounts are to be prepared, and |
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(c) the additional information (if any) that is to accompany the accounts. |
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Audit |
| | 17. - (1) The accounts prepared by the Commission for any financial year shall be submitted by the Commission to-
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(a) the Comptroller and Auditor General, and |
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(b) the Speaker's Committee, |
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as soon after the end of the financial year as may be practicable.
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(2) The Comptroller and Auditor General shall-
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(a) examine and certify any accounts submitted to him under this paragraph, and |
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(b) lay before each House of Parliament a copy of the accounts as certified by him together with his report on them. |
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Accounting officer |
| | 18. - (1) The Speaker's Committee shall designate a member of the Commission's staff to be the Commission's accounting officer.
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(2) The Commission's accounting officer shall have, in relation to the Commission's accounts and finances, the responsibilities that are from time to time specified by the Speaker's Committee.
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(3) In this paragraph references to responsibilities include in particular-
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(a) responsibilities in relation to the signing of accounts; |
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(b) responsibilities for the propriety and regularity of the Commission's finances; and |
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(c) responsibilities for the economy, efficiency and effectiveness with which the Commission's resources are used. |
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(4) The responsibilities which may be specified under this paragraph include responsibilities owed to the Commission, the Speaker's Committee or the House of Commons or its Committee of Public Accounts.
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(5) In this paragraph any reference to the Public Accounts Committee of the House of Commons shall, if-
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(a) the name of the Committee is changed, or |
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(b) the functions of the Committee at the passing of this Act (or functions substantially corresponding thereto) become functions of a different committee of the House of Commons, |
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be taken to be references to the Committee by its new name or (as the case may be) to the committee by whom the functions are for the time being exercisable.
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Reports |
| | 19. - (1) The Commission shall, as soon after the end of each financial year as may be practicable, prepare and lay before each House of Parliament a report about the performance of the Commission's functions during that financial year.
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(2) The Commission shall, on so laying such a report, publish the report in such manner as they determine.
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Notification of Commission regulations |
| | 20. - (1) If the Commission make any regulations, they must give a copy to the Secretary of State without delay.
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(2) If the Commission alter or revoke any regulations, they must give notice to the Secretary of State without delay.
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(3) Notice of an alteration must include details of the alteration.
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Regulation-making instruments |
| | 21. - (1) Any power conferred on the Commission to make regulations is exercisable in writing.
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(2) An instrument by which regulations are made by the Commission ("a regulation-making instrument") must specify the provision under which the regulations are made.
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(3) To the extent to which a regulation-making instrument does not comply with sub-paragraph (2), it is void.
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(4) Immediately after a regulation-making instrument is made, it must be printed and made available to the public.
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(5) The Commission may charge a reasonable fee for providing a person with a copy of a regulation-making instrument.
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(6) A person is not to be taken to have contravened any regulation made by the Commission if he shows that at the time of the alleged contravention the regulation-making instrument concerned had not been made available in accordance with this paragraph.
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(7) Any power of the Commission to make regulations includes power to make different provision for different cases.
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Verification of regulations |
| | 22. - (1) The production of a printed copy of a regulation-making instrument purporting to be made by the Commission-
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(a) on which is endorsed a certificate signed by a member of the Commission's staff authorised by the Commission for that purpose, and |
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(b) which contains the required statements, |
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is evidence (or in Scotland sufficient evidence) of the facts stated in the certificate.
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(2) The required statements are-
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(a) that the instrument was made by the Commission; |
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(b) that the copy is a true copy of the instrument; and |
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(c) that on a specified date the instrument was made available to the public in accordance with paragraph 21(4). |
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(3) A certificate purporting to be signed as mentioned in sub-paragraph (1) is to be taken to have been properly signed unless the contrary is shown.
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(4) A person who wishes in any legal proceedings to rely on a regulation-making instrument may require the Commission to endorse a copy of the instrument with a certificate of the kind mentioned in sub-paragraph (1).
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Documentary evidence |
| | 23. A document purporting to be-
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(a) duly executed under the seal of the Commission, or |
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(b) signed on behalf of the Commission or a Boundary Committee, |
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shall be received in evidence and shall, unless the contrary is proved, be taken to be so executed or signed.
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Interpretation |
| | 24. In this Schedule "delegate" includes further delegate.
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