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Public Audit (Wales) Bill [HL]


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

55

 

subsection (1) insert—

“(1A)   

The Secretary of State may not exercise the power conferred by

subsection (1) in relation to a county council, county borough council

or community council in Wales.”

27    (1)  

Section 40 (studies relating to registered social landlords) is amended as

5

follows.

      (2)  

In subsection (1)—

(a)   

for “Relevant Authority” substitute “Housing Corporation”;

(b)   

after “registered social landlords” insert “(other than registered

social landlords in Wales)”.

10

      (3)  

Omit subsection (2A).

      (4)  

In subsection (4) for “Relevant Authority” substitute “Housing

Corporation”.

      (5)  

In subsection (6) for “Relevant Authority” (in both places) substitute

“Housing Corporation”.

15

28    (1)  

Section 41 (provisions supplementary to section 40) is amended as follows.

      (2)  

In subsection (1) for “Relevant Authority” substitute “Housing

Corporation”.

      (3)  

In subsection (4) for “Relevant Authority” substitute “Housing

Corporation”.

20

29    (1)  

Section 41A (inspections of registered social landlords) is amended as

follows.

      (2)  

After subsection (1) insert—

“(1A)   

The Commission may not carry out an inspection under subsection

(1) in relation to a registered social landlord in Wales.”

25

      (3)  

In subsection (3) for “Relevant Authority” substitute “Housing

Corporation”.

      (4)  

In subsection (4)(a) for “Relevant Authority” substitute “Housing

Corporation”.

      (5)  

In subsection (6) for “Relevant Authority” substitute “Housing

30

Corporation”.

30    (1)  

Section 41B (fees for inspections under section 41A) is amended as follows.

      (2)  

In subsection (1) for “appropriate person” (in both places) substitute

“Secretary of State”.

      (3)  

Omit subsections (2), (4) and (6).

35

      (4)  

In subsection (5) omit “made by the Secretary of State”.

31         

In section 43 (sections 40 to 42: interpretation)—

(a)   

after “In” insert “this section and”;

(b)   

after “Housing Act 1996” insert “and “registered social landlord in

Wales” means a registered social landlord which is mentioned in any

40

of paragraphs (a) to (c) of section 56(2) of that Act”.

32         

In section 47 (application of performance standards provisions to parish and

community councils and charter trustees)—

 

 

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

56

 

(a)   

for the heading substitute “Application to parish councils and

charter trustees”;

(b)   

in subsection (1)(a) omit the words “and community” and “and

Wales”.

33         

In section 49(1) (restriction on disclosure of information) after paragraph (d)

5

insert—

“(da)   

for the purposes of any function of the Auditor General for

Wales under the Public Audit (Wales) Act 2004 or (in relation

to a health service body) under the Government of Wales Act

1998;”.

10

34         

After section 51 insert—

“51A    

Co-operation with the Auditor General for Wales

The Commission 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—

15

(a)   

its functions under sections 33 and 34, or

(b)   

its functions in relation to bodies mentioned in paragraph

1(g) of Schedule 2.

51B Provision of information to Auditor General for Wales

The Commission must, on request, provide the Auditor General for

20

Wales with any information he may reasonably require for the

purpose of making comparisons, in the discharge of his functions

under sections 41 and 42 of the Public Audit (Wales) Act 2004,

between local government bodies in Wales and other local

government bodies.”

25

35         

In section 52(1) (orders and regulations) omit “or the National Assembly for

Wales”.

36         

In section 53(1) (interpretation) at the appropriate places insert—

           

““local government body” means a body mentioned in paragraph 1 of

Schedule 2, other than one mentioned in paragraph (g) of that

30

paragraph;”;

           

““local government body in Wales” has the meaning given in section

12(1) of the Public Audit (Wales) Act 2004;”;

           

““Welsh NHS body” has the meaning given in section 60 of the Public

Audit (Wales) Act 2004;”.

35

37         

In paragraph 8A of Schedule 1 (grants in respect of inspections under section

41A) for the words from “Each of” to “National Assembly for Wales”

substitute “The Secretary of State”.

38    (1)  

Schedule 2 (accounts subject to audit) is amended as follows.

      (2)  

In paragraph 1(g) after “1977” insert “, other than a Welsh NHS body”.

40

      (3)  

After paragraph 1A insert—

“1B        

Section 2 does not apply to the accounts of a local government

body in Wales.”

 

 

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

57

 

School Standards and Framework Act 1998 (c. 31)

39         

The School Standards and Framework Act 1998 is amended as follows.

40         

In section 53 (certification of statements by Audit Commission), in

subsection (1) after “local education authority” insert “in England”.

41         

After that section insert—

5

“53A    

Certification of statements by Auditor General for Wales

(1)   

A local education authority in Wales shall, if directed to do so by the

National Assembly for Wales, require the Auditor General for Wales

to make arrangements in accordance with section 96B(1)(d) of the

Government of Wales Act 1998 for certifying—

10

(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,

   

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

15

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

to the National Assembly for Wales—

(a)   

a copy of the statement or statements so certified, or

20

(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

education authority or to local education authorities generally or to

any class or description of such authority.”

25

Government of Wales Act 1998 (c. 38)

42         

The Government of Wales Act 1998 is amended as follows.

43         

After section 41 insert—

“41A    

Co-operation with the Auditor General for Wales

The Assembly must co-operate with the Auditor General for Wales

30

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

(Wales) Act 2004).”

44         

Omit section 100(6) (co-operation of Auditor General for Wales and

35

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

Auditor General), after subsection (1) insert—

“(1A)   

But subsection (1) does not apply in relation to any document in the

40

custody or under the control of a Welsh NHS body (within the

meaning given in section 60 of the Public Audit (Wales) Act 2004).” 

 

 

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

58

 

46         

In section 144 (accounts, audit and reports), in subsection (2) for “subject to

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).

5

      (3)  

At the end of that section insert—

“(7)   

This section is without prejudice to the power conferred on the

Auditor General for Wales by section 96(3)(b).”

48         

In Schedule 6, omit paragraph 8(5) (co-operation of Auditor General for

Wales and Comptroller and Auditor General in connection with

10

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

Wales and Comptroller and Auditor General in connection with

examinations in respect of the Forestry Commissioners).

15

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).

51         

In Schedule 17, in Part 2 (bodies partially subject to audit etc provisions),

after paragraph 14 insert—

20

“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

whose hospitals, establishments and facilities are situated in

Wales.”

25

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)

is amended as follows.

      (2)  

In subsection (4) after paragraph (a) insert—

30

“(aa)   

the Auditor General for Wales,”.

      (3)  

In subsection (5)(b) for “Audit Commission” substitute “Auditor General for

Wales”.

54         

In section 63 (restrictions on disclosure of information), in subsection (1)

after paragraph (e) insert—

35

“(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)

Act 2004”.

55    (1)  

Section 82 (code of conduct for local government employees) is amended as

40

follows.

      (2)  

In subsection (5) after paragraph (a) insert—

“(aa)   

the Auditor General for Wales,”.

 

 

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

59

 

      (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

5

General with respect to examinations in respect of the Wales Centre for

Health).

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.

10

58         

In section 60 (provision of material to Comptroller and Auditor General etc),

after subsection (1) insert—

“(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.”

15

59         

After section 69 insert—

“69A Provision of information by Auditor General for Wales

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

20

51, 52 and 57, between English NHS bodies and Welsh NHS bodies.”

60         

In section 70 (reviews and investigations by the Assembly relating to

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

25

(b)   

take into account any relevant work done or being done by

the Auditor General for Wales.”

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

30

where it seems to it appropriate to do so for the efficient and effective

discharge of its functions.

(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

35

the Auditor General for Wales,

   

before exercising its functions under section 51 in relation to a Welsh

NHS body.

(3)   

Subsection (2) does not apply in the case of a review requested by the

Secretary of State under section 51(2).”

40

 

 

 
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