Public Audit (Wales) Bill [HL]

House of Commons

Session 2003 - 04
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Other Bills before Parliament

Public Audit (Wales) Bill [HL]

Public Audit (Wales) Bill [HL]
Part 4 — Miscellaneous and general
39

(b)
the Audit Commission, or
(c)
the Commission for Healthcare Audit and Inspection,
where it seems to him appropriate to do so for the efficient and effective
discharge of his functions in relation to Welsh NHS bodies.
63
Audit of accounts of officers of Welsh NHS bodies
5
(1)
This section applies where an officer of a Welsh NHS body receives money or
other property—
(a)
on behalf of that body, or
(b)
for which he ought to account to that body.
(2)
The officer must keep accounts.
10
(3)
The accounts of the officer must—
(a)
be made up each year to 31 March, and
(b)
be audited by the Auditor General for Wales,

and section 61 applies with the necessary modifications in relation to the
accounts and audit.
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64
Provision of information by CHAI
(1)
The Commission for Healthcare Audit and Inspection must, on request,
provide the Auditor General for Wales with any information he may
reasonably require for the purpose of making comparisons, in the discharge of
his functions under sections 145 and 145A of the Government of Wales Act
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1998 (c. 38) in relation to a Welsh NHS body, between the Welsh NHS body
and English NHS bodies and cross-border SHAs.
(2)
Subsection (1) does not require information to be provided in circumstances
where (but for that subsection) the disclosure of the information would
contravene section 136 of the Health and Social Care (Community Health and
25
Standards) Act 2003 (c. 43) (restriction on disclosure of personal information by
CHAI).
(3)
In this section “English NHS body” and “cross-border SHA” have the meaning
given by section 148 of that Act.
Part 4
30
Miscellaneous and general
Miscellaneous
65
Public bodies subject to audit etc
(1)
The Government of Wales Act 1998 is amended as follows.
(2)
In section 144 (accounts, audit and reports), after subsection (8) insert—
35
“(8A)
The Assembly may, with the consent of the Secretary of State, by order
amend any of the Parts of Schedule 17 in the manner mentioned in
paragraph (a) or (c) of subsection (8).”

Public Audit (Wales) Bill [HL]
Part 4 — Miscellaneous and general
40

(3)
In subsection (9) of that section, after paragraph (b) add “and
(c)
“public body” means—
(i)
a body exercising functions of a public nature, or
(ii)
a body entirely or substantially funded from public
money.”
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(4)
In Schedule 17, in Part 1 (bodies subject generally to audit etc provisions), in
paragraph 1 omit “(other than the Care Council for Wales)”.
66
Minor and consequential amendments
Schedule 2 (which makes minor and consequential amendments) has effect.
67
Functions transferred to Assembly
10
(1)
Any reference in Schedule 1 to the National Assembly for Wales (Transfer of
Functions) Order 1999 (S.I.1999/672) to an enactment amended by this Act is
to be treated as a reference to that enactment as amended by this Act.
(2)
Subsection (1) does not affect the power to make further Orders varying or
omitting those references.
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Transitional provision
68
Transfer of property etc to Auditor General
(1)
Any property, rights and liabilities which are the subject of a transfer scheme
are to be transferred to and vested in the Auditor General for Wales in
accordance with the scheme.
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(2)
For this purpose “a transfer scheme” means a scheme contained in an order
made under paragraph 1 of Schedule 3.
(3)
Schedule 3 (which makes provision about schemes for the transfer of property
etc) has effect.
69
Local government bodies in Wales
25
(1)
Subsection (2) applies where, immediately before the commencement of
paragraph 38(3) of Schedule 2, an appointment of a person as an auditor in
relation to accounts of a local government body in Wales has effect under Part
2 of the Audit Commission Act 1998 (c. 18).
(2)
Until the end of the period for which that appointment was made, Part 2 of this
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Act applies, in relation to that body, as if the appointment had been made
under section 13.
(3)
Subsection (4) applies where, immediately before the commencement of
paragraph 38(3) of Schedule 2—
(a)
arrangements approved under section 3(9) of the Audit Commission
35
Act 1998 have effect;
(b)
the arrangements authorise a person to carry out specified functions of
an auditor appointed under Part 2 of that Act in relation to accounts of
a local government body in Wales; and

Public Audit (Wales) Bill [HL]
Part 4 — Miscellaneous and general
41

(c)
the appointment of the auditor in relation to the accounts of that body
has effect under Part 2 of that Act.
(4)
Until the end of the period for which the arrangements have effect, or (if
sooner) the end of the period for which the appointment of the auditor was
made, Part 2 of this Act applies, in relation to that body, as if—
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(a)
the arrangements had been approved under section 15(1);
(b)
the appointment of the auditor had been made under section 13; and
(c)
the arrangements authorised the person to carry out functions of the
auditor which correspond to the functions of the auditor that he is
authorised to carry out by the arrangements.
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(5)
Subsection (6) applies where, immediately before the commencement of
paragraphs 23, 24 and 38(3) of Schedule 2, the Audit Commission is promoting
or undertaking a study under Part 3 of the Audit Commission Act 1998 (c. 18)
in connection with a local government body in Wales.
(6)
After (and notwithstanding) that commencement, Part 3 of the Audit
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Commission Act 1998 continues to have effect in relation to the promotion or
undertaking of the study.
(7)
In this section “local government body in Wales” has the meaning given in
section 12(1).
70
Welsh NHS bodies
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(1)
Subsection (2) applies where, immediately before the commencement of
section 61, an appointment of a person as an auditor in relation to accounts of
a Welsh NHS body has effect under Part 2 of the Audit Commission Act 1998.
(2)
Until the end of the period for which that appointment was made, sections 61
and 63 apply, in relation to that Welsh NHS body, as if that person were
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authorised under section 92(8) of the Government of Wales Act 1998 (c. 38) to
exercise the functions of the Auditor General for Wales under sections 61 and
63.
(3)
Subsection (4) applies where, immediately before the commencement of
section 61 and paragraph 38(2) of Schedule 2, the Audit Commission is
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promoting or undertaking a study under section 33 or 35 of the Audit
Commission Act 1998 in connection with a Welsh NHS body.
(4)
After (and notwithstanding) that commencement, section 33 or, as the case
may be, 35 of that Act continues to have effect in relation to the promoting or
undertaking of the study.
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(5)
In this section “Welsh NHS body” has the meaning given in section 60.
General
71
Interpretation
In this Act—
“the Assembly” means the National Assembly for Wales;
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“the Audit Commission” means the Audit Commission for Local
Authorities and the National Health Service in England and Wales;
“body” includes office;

Public Audit (Wales) Bill [HL]
Part 4 — Miscellaneous and general
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“financial year” means the 12 months ending with 31 March.
72
Repeals
The enactments mentioned in Schedule 4 are repealed to the extent specified.
73
Commencement
(1)
The preceding provisions (and the Schedules), except section 71, come into
5
force in accordance with provision made by the Assembly by order.
(2)
The power to make orders under subsection (1) is exercisable by statutory
instrument.
(3)
Orders under subsection (1)—
(a)
may include transitional provision or savings;
10
(b)
may make different provision for different purposes.
74
Extent
(1)
The amendment or repeal of a provision by this Act has the same extent as the
provision amended or repealed.
(2)
Subject to that, this Act extends to England and Wales only.
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75
Short title
(1)
This Act may be cited as the Public Audit (Wales) Act 2004.
(2)
Nothing in this Act shall impose any charge on the people or on public
funds, or vary the amount or incidence of or otherwise alter any such charge
in any manner, or affect the assessment, levying, administration or
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application of any money raised by any such charge.