Public Audit (Wales) Bill [HL]

House of Commons

Session 2003 - 04
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Public Audit (Wales) Bill [HL]

Public Audit (Wales) Bill [HL]
Schedule 2 — Minor and consequential amendments
57

to make arrangements in accordance with section 96B(1)(d) of the
Government of Wales Act 1998 for certifying—
(a)
such statement or statements prepared by the authority
under section 52 above, or
(b)
such part or parts of any such statement or statements,
5

as may be specified in the directions; and for the purposes of section
96B(1)(d) of that Act any statement under section 52 above shall be
regarded as a return by the authority.
(2)
The arrangements made by the Auditor General for Wales in
pursuance of subsection (1) shall include arrangements for sending
10
to the National Assembly for Wales—
(a)
a copy of the statement or statements so certified, or
(b)
a copy of the part or parts so certified,

as the case may be.
(3)
Directions given under subsection (1) may relate to any local
15
education authority or to local education authorities generally or to
any class or description of such authority.”
Government of Wales Act 1998 (c. 38)
42
The Government of Wales Act 1998 is amended as follows.
43
After section 41 insert—
20
“41A
Co-operation with the Auditor General for Wales
The Assembly must co-operate with the Auditor General for Wales
where it seems to the Assembly appropriate to do so for the efficient
and effective discharge of its functions in relation to Welsh NHS
bodies (within the meaning given in section 60 of the Public Audit
25
(Wales) Act 2004).”
44
Omit section 100(6) (co-operation of Auditor General for Wales and
Comptroller and Auditor General with respect to examinations into
Assembly’s use of resources etc.).
45
In section 101 (examinations into finances of Assembly by Comptroller and
30
Auditor General), after subsection (1) insert—
“(1A)
But subsection (1) does not apply in relation to any document in the
custody or under the control of a Welsh NHS body (within the
meaning given in section 60 of the Public Audit (Wales) Act 2004).”
46
In section 144 (accounts, audit and reports), in subsection (2) for “subject to
35
audit by auditors appointed by the Audit Commission)” substitute “and
audit of NHS bodies)”.
47    (1)
Section 145 (examination into use of resources) is amended as follows.
      (2)
Omit subsection (5).
      (3)
At the end of that section insert—
40
“(7)
This section is without prejudice to the power conferred on the
Auditor General for Wales by section 96(3)(b).”

Public Audit (Wales) Bill [HL]
Schedule 2 — Minor and consequential amendments
58

48
In Schedule 6, omit paragraph 8(5) (co-operation of Auditor General for
Wales and Comptroller and Auditor General in connection with
examinations in respect of Her Majesty’s Chief Inspector of Education and
Training in Wales).
49
In Schedule 7, omit paragraph 8(5) (co-operation of Auditor General for
5
Wales and Comptroller and Auditor General in connection with
examinations in respect of the Forestry Commissioners).
50
In Schedule 9, omit paragraph 12(5) (co-operation of Auditor General for
Wales and Comptroller and Auditor General in connection with
examinations in respect of the Welsh Administration Ombudsman).
10
51
In Schedule 17, in Part 2 (bodies partially subject to audit etc provisions),
after paragraph 14 insert—
“14A.
A body of trustees appointed in pursuance of section 29(1) of the
National Health Service Reorganisation Act 1973 and section 95(1)
of the National Health Service Act 1977 for a trust all or most of
15
whose hospitals, establishments and facilities are situated in
Wales.”
Local Government Act 2000 (c. 22)
52
The Local Government Act 2000 is amended as follows.
53    (1)
Section 49 (principles governing conduct of members of relevant authorities)
20
is amended as follows.
      (2)
In subsection (4) after paragraph (a) insert—
“(aa)
the Auditor General for Wales,”.
      (3)
In subsection (5)(b) for “Audit Commission” substitute “Auditor General for
Wales”.
25
54
In section 63 (restrictions on disclosure of information), in subsection (1)
after paragraph (e) insert—
“(f)
the disclosure is made to the Auditor General for Wales for
the purposes of any functions of the Auditor General for
Wales or an auditor under Part 2 of the Public Audit (Wales)
30
Act 2004”.
55    (1)
Section 82 (code of conduct for local government employees) is amended as
follows.
      (2)
In subsection (5) after paragraph (a) insert—
“(aa)
the Auditor General for Wales,”.
35
      (3)
In subsection (6)(b) for “Audit Commission” substitute “Auditor General for
Wales”.
Health (Wales) Act 2003 (c. 4)
56
In Schedule 2 to the Health (Wales) Act 2003, omit paragraph 25(4) (co-
operation of Auditor General for Wales and Comptroller and Auditor
40
General with respect to examinations in respect of the Wales Centre for
Health).

Public Audit (Wales) Bill [HL]
Schedule 3 — Transfer schemes
59

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)
57
The Health and Social Care (Community Health and Standards) Act 2003 is
amended as follows.
58
In section 60 (provision of material to Comptroller and Auditor General etc),
after subsection (1) insert—
5
“(1A)
The CHAI must also, on request, provide the Auditor General for
Wales with all material which is relevant to a review under section
51 and to one or more Welsh NHS bodies.”
59
After section 69 insert—
“69A Provision of information by Auditor General for Wales
10
The Auditor General for Wales must, on request, provide the CHAI
with any information it may reasonably require for the purpose of
making comparisons, in the exercise of its functions under sections
51, 52 and 57, between English NHS bodies and Welsh NHS bodies.”
60
In section 70 (reviews and investigations by the Assembly relating to
15
provision of health care), after subsection (3) insert—
“(3A)
Before conducting a review under this section the Assembly must—
(a)
consult the Auditor General for Wales, and
(b)
take into account any relevant work done or being done by
the Auditor General for Wales.”
20
61
After section 145 insert—
“145A
Duties in connection with the Auditor General for Wales
(1)
The CHAI must co-operate with the Auditor General for Wales
where it seems to it appropriate to do so for the efficient and effective
discharge of its functions.
25
(2)
The CHAI must also—
(a)
consult the Auditor General for Wales, and
(b)
take into account any relevant work done or being done by
the Auditor General for Wales,

before exercising its functions under section 51 in relation to a Welsh
30
NHS body.
(3)
Subsection (2) does not apply in the case of a review requested by the
Secretary of State under section 51(2).”
Schedule 3
Section 68

Transfer schemes
35
Preparation of transfer schemes
1     (1)
The Secretary of State may, with the consent of the Assembly, by order—

Public Audit (Wales) Bill [HL]
Schedule 3 — Transfer schemes
60

(a)
make one or more schemes for the transfer to the Auditor General for
Wales of defined property, rights and liabilities of the Comptroller
and Auditor General, and
(b)
make one or more schemes for the transfer to the Auditor General for
Wales of defined property, rights and liabilities of the Audit
5
Commission.
      (2)
The property, rights and liabilities which may be the subject of a scheme
include—
(a)
any that would otherwise be incapable of being transferred or
assigned, and
10
(b)
rights and liabilities under a contract of employment.
      (3)
For the purpose of dividing any property, rights or liabilities in connection
with a scheme, the scheme may—
(a)
create in favour of the transferor an interest in, or right over, any
property transferred in accordance with the scheme;
15
(b)
create in favour of the Auditor General for Wales an interest in, or
right over, any property retained by the transferor;
(c)
create new rights and liabilities as between the Auditor General for
Wales and the transferor; or
(d)
in connection with provision made under paragraph (a), (b) or (c),
20
make incidental provision as to the interests, rights and liabilities of
persons other than the transferor and the Auditor General for Wales
with respect to the subject-matter of the scheme;

and references in this Schedule (other than this sub-paragraph) or section 68
to the transfer of property, rights or liabilities (so far as relating to transfers
25
provided for in a scheme) are accordingly to be construed as including
references to the creation of any interests, rights or liabilities by virtue of
paragraph (a), (b) or (c) or the making of provision by virtue of paragraph
(d).
      (4)
A scheme may define the property, rights and liabilities to be transferred by
30
specifying or describing them (including describing them by reference to a
specified part of the transferor’s undertaking).
      (5)
A scheme may include supplementary, incidental, transitional and
consequential provision.
      (6)
The provision that may be made by virtue of sub-paragraph (3)(c)
35
includes—
(a)
provision for treating any person who is entitled by virtue of an
order under this paragraph to possession of a document as having
given another person an acknowledgement in writing of the right of
that other person to the production of the document and to delivery
40
of copies of it, and
(b)
provision applying section 64 of the Law of Property Act 1925 (c. 20)
(production and safe custody of documents) in relation to any case in
relation to which provision within sub-paragraph (3)(a) has effect.
      (7)
Sub-paragraph (8) applies in the case of a scheme which contains provision
45
for the transfer of rights or liabilities under the contract of employment of an
individual (“the employee”).
      (8)
The provision that may be made in the scheme by virtue of sub-paragraph
(5) includes provision with respect to—

Public Audit (Wales) Bill [HL]
Schedule 3 — Transfer schemes
61

(a)
the employee’s eligibility to become a member of any pension
scheme by virtue of his employment with the transferee if the rights
or liabilities relating to his contract of employment are transferred in
accordance with the scheme, and
(b)
rights of, or rights or liabilities in respect of, the employee under—
5
(i)
any pension scheme of which he may become a member by
virtue of his employment with the transferee, or
(ii)
any pension scheme of which he is a member by virtue of his
employment immediately before the transfer,

(and for the purposes of this sub-paragraph “pension scheme” includes any
10
scheme made under section 1 of the Superannuation Act 1972 (c. 11)
(superannuation schemes as respects civil servants etc)).
      (9)
The power to make an order under this paragraph is exercisable by statutory
instrument, and any such instrument is subject to annulment in pursuance
of a resolution of either House of Parliament.
15
2
Before making an order under paragraph 1, the Secretary of State must
consult—
(a)
the Auditor General for Wales,
(b)
in the case of an order containing a scheme within paragraph 1(1)(a),
the Comptroller and Auditor General, and
20
(c)
in the case of an order containing a scheme within paragraph 1(1)(b),
the Audit Commission.
Transfer of employees
3     (1)
This paragraph has effect in any case where the rights and liabilities relating
to an individual’s contract of employment are transferred in accordance
25
with a scheme.
      (2)
The transfer does not break the continuity of the individual’s employment,
and accordingly—
(a)
he is not to be regarded for the purposes of Part 11 of the
Employment Rights Act 1996 (c. 18) (redundancy) as having been
30
dismissed by virtue of the transfer,
(b)
his period of employment with the transferor counts as a period of
employment with the transferee for the purposes of that Act.
      (3)
The terms and conditions of the individual’s employment with the
transferee (taken as a whole) must not be less favourable to the individual
35
than the terms and conditions on which he is employed immediately before
the transfer.
4     (1)
This paragraph has effect in any case where—
(a)
a scheme contains provision for the transfer of rights or liabilities
under the contract of employment of any individual (“the
40
employee”), but
(b)
the employee informs the transferor or the Auditor General for
Wales that he objects to becoming employed by the Auditor General
for Wales.
      (2)
Section 68—
45
(a)
does not operate to transfer any rights, powers, duties or liabilities
under or in connection with the contract of employment, but

Public Audit (Wales) Bill [HL]
Schedule 4 — Repeals
62

(b)
operates to terminate that contract on the day preceding the transfer
date.
      (3)
The employee is not, by virtue of that termination, to be treated for any
purpose as having been dismissed.
      (4)
In this paragraph “the transfer date”, in relation to a scheme, means the date
5
on which (but for this paragraph) any rights, powers, duties or liabilities
under the employee’s contract of employment would have been transferred
in accordance with the scheme.
Continuity
5     (1)
Anything done by or in relation to the transferor for the purposes of or in
10
connection with anything transferred by section 68 which is in effect
immediately before it is transferred is to be treated as if done by or in relation
to the Auditor General for Wales.
      (2)
There may be continued by or in relation to the Auditor General for Wales
anything (including legal proceedings) relating to anything so transferred
15
which is in the process of being done by or in relation to the transferor
immediately before it is transferred.
      (3)
A reference to the transferor in any document relating to anything so
transferred is to be taken (so far as necessary for the purposes of or in
consequence of the transfer) as a reference to the Auditor General for Wales.
20
      (4)
A transfer under section 68 does not affect the validity of anything done by
or in relation to the transferor before the transfer takes effect.
Schedule 4
Section 72

Repeals

Short title and chapter
Extent of repeal

25

Local Government Act 1972
In section 137(7) the words from “and section

(c. 70)
14” to the end.

Housing Associations Act 1985
Section 75(1)(f).

(c. 69)

Airports Act 1986 (c. 31)
In section 24(3)(a) the words “and Wales”.

30

Health Service Commissioners
In Schedule 1A, paragraph 13(5).

Act 1993 (c. 46)

Public Audit (Wales) Bill [HL]
Schedule 4 — Repeals
63

Short title and chapter
Extent of repeal

Audit Commission Act 1998
In section 33(6), the word “and” immediately

(c. 18)
preceding paragraph (c).

In section 34(6), the word “and” immediately

preceding paragraph (d).

5

In section 36(1), in the Table, the entry relating

to the National Council for Education and

Training for Wales.

Section 40(2A).

Section 41B—

10

(a)
subsections (2), (4) and (6),

(b)
in subsection (5), the words “made by

the Secretary of State”.

In section 47(1)(a), the words “and community”

and “and Wales”.

15

In section 52(1), the words “or the National

Assembly for Wales”.

Government of Wales Act 1998
In section 92—

(c. 38)
(a)
subsection (1),

(b)
in subsection (2), the words “, having

20

regard to any arrangements made or

capable of being made under subsection

(1),”,

(c)
subsection (3).

Section 93(3).

25

Section 100(6).

In section 144(9), the word “and” immediately

preceding paragraph (b).

Section 145(5).

In Schedule 6, paragraph 8(5).

30

In Schedule 7, paragraph 8(5).

In Schedule 9, paragraph 12(5).

In Schedule 16, paragraph 99(4).

In Schedule 17, in paragraph 1, the words

“(other than the Care Council for Wales)”.

35

Local Government Act 1999
Section 8(1).

(c. 27)
Section 22(7).

Care Standards Act 2000 (c. 14)
In Schedule 1, in paragraph 27, sub-paragraph

(d) and the word “and” immediately

preceding it.

40

Health (Wales) Act 2003 (c. 4)
In Schedule 2, paragraph 25(4).

Local Government Act 2003 (c.
Section 109(2).

26)