|
| |
|
(3) | This paragraph does not extend to Scotland. |
| |
| |
15 (1) | The Office must prepare a report of the performance of its functions in each |
| |
| |
(2) | The report must include, in particular, an assessment by the Non-executive |
| 5 |
Committee of the extent to which the Office’s duty under section 4 has been |
| |
performed in accordance with section 5(1) and (2). |
| |
(3) | The report relating to a financial year must be prepared as soon as possible |
| |
after the end of the financial year. |
| |
(4) | The report must be sent to the Treasury. |
| 10 |
(5) | The Treasury must lay the report before Parliament. |
| |
(6) | The Office must publish the report. |
| |
(7) | “Financial year” means— |
| |
(a) | the period which begins with the day on which this Schedule comes |
| |
into force and ends with the following 31 March; |
| 15 |
(b) | each successive period of 12 months. |
| |
| |
16 (1) | The Non-executive Committee must, at least once in every relevant 5-year |
| |
period, appoint a person or body to review and report on such of the Office’s |
| |
reports as the Committee determines. |
| 20 |
(2) | In sub-paragraph (1) “the Office’s reports” means the reports which— |
| |
(a) | have been made in pursuance of the Office’s duty under section 4, |
| |
| |
(b) | have been published since the relevant date. |
| |
(3) | The “relevant date” is— |
| 25 |
(a) | in the case of the first review carried out under this paragraph, 1 |
| |
| |
(b) | in the case of subsequent reviews, the date of the last review carried |
| |
out under this paragraph. |
| |
(4) | A person or body may be appointed under this paragraph only if the person |
| 30 |
or body has knowledge or experience likely to be relevant to the |
| |
performance of the Office’s duty under section 4. |
| |
(5) | The Office may, with the approval of the Treasury, make payments to the |
| |
person or body in respect of the performance of the person’s or body’s |
| |
functions under this paragraph. |
| 35 |
| |
(a) | publish each report prepared under this paragraph, |
| |
(b) | lay it before Parliament, and |
| |
(c) | send a copy of it to the Treasury. |
| |
(7) | In this paragraph “relevant 5-year period” means— |
| 40 |
(a) | the period of 5 years beginning with 1 October 2010; |
| |
|
| |
|
| |
|
(b) | each successive period of 5 years. |
| |
| |
17 (1) | The Treasury may make to the Office such payments out of money provided |
| |
by Parliament as the Treasury considers appropriate for the purpose of |
| |
enabling the Office to meet its expenses. |
| 5 |
(2) | Payments are to be made at such times, and subject to any such conditions, |
| |
as the Treasury considers appropriate. |
| |
| |
| |
(a) | keep proper accounts and proper records in relation to its accounts, |
| 10 |
| |
(b) | prepare in respect of each financial year a statement of accounts. |
| |
(2) | Each statement of accounts must comply with any directions given by the |
| |
| |
(a) | the information to be contained in it and the manner in which it is to |
| 15 |
| |
(b) | the methods and principles according to which the statement is to be |
| |
| |
(c) | the additional information (if any) which is to be provided for the |
| |
information of Parliament. |
| 20 |
(3) | The Office must send a copy of each statement of accounts to— |
| |
| |
(b) | the Comptroller and Auditor General, |
| |
| before the end of the month of June next following the financial year to |
| |
which the statement relates. |
| 25 |
(4) | The Comptroller and Auditor General must— |
| |
(a) | examine, certify and report on each statement of accounts, and |
| |
(b) | send a copy of each report and certified statement to the Treasury. |
| |
(5) | The Treasury must lay before Parliament a copy of each such report and |
| |
| 30 |
(6) | “Financial year” has the same meaning as in paragraph 15. |
| |
19 | The Office must keep under review whether its internal financial controls |
| |
secure the proper conduct of its financial affairs. |
| |
| |
20 | The Office may do anything calculated to facilitate, or conducive or |
| 35 |
incidental to, the carrying out of any of its functions. |
| |
| |
21 | The validity of anything done by the Office (or a committee or sub- |
| |
committee of the Office) is not affected by— |
| |
| 40 |
|
| |
|
| |
|
(b) | a defective appointment. |
| |
| |
22 | In Schedule 1 to the Public Records Act 1958 (definition of public records), |
| |
in Part 2 of the Table at the end of paragraph 3, insert at the appropriate |
| |
| 5 |
“Office for Budget Responsibility.” |
| |
Parliamentary Commissioner |
| |
23 | In Schedule 2 to the Parliamentary Commissioner Act 1967 (departments |
| |
and authorities subject to investigation), insert at the appropriate place— |
| |
“Office for Budget Responsibility.” |
| 10 |
| |
24 | In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 |
| |
(bodies of which all members are disqualified), insert at the appropriate |
| |
| |
“The Office for Budget Responsibility.” |
| 15 |
25 | In Part 2 of Schedule 1 to the Northern Ireland Assembly Disqualification |
| |
Act 1975 (bodies of which all members are disqualified), insert at the |
| |
| |
“The Office for Budget Responsibility.” |
| |
| 20 |
26 (1) | In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies and persons |
| |
subject to general statutory duty), under the heading “Regulatory, audit and |
| |
inspection” insert at the appropriate place— |
| |
“The Office for Budget Responsibility.” |
| |
(2) | The amendment made by sub-paragraph (1) ceases to have effect when the |
| 25 |
repeal of that Act by Schedule 27 to the Equality Act 2010 has effect for all |
| |
| |
| |
27 | In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public |
| |
authorities to which Act applies), insert at the appropriate place— |
| 30 |
“The Office for Budget Responsibility.” |
| |
| |
28 | In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities: general), |
| |
| |
“Other bodies and offices |
| 35 |
The Office for Budget Responsibility.” |
| |
|
| |
|
| |
|
References to Treasury Committee |
| |
29 (1) | Any reference in this Schedule to the Treasury Committee of the House of |
| |
| |
(a) | if the name of that Committee is changed, is to be treated as a |
| |
reference to that Committee by its new name, and |
| 5 |
(b) | if the functions of that Committee (or substantially corresponding |
| |
functions) become functions of a different Committee of the House |
| |
of Commons, is to be treated as a reference to the Committee by |
| |
which those functions are exercisable. |
| |
(2) | Any question arising under sub-paragraph (1) is to be determined by the |
| 10 |
Speaker of the House of Commons. |
| |
| |
| |
| |
| |
| 15 |
| |
1 (1) | NAO is to have 9 members. |
| |
| |
(a) | 5 persons who are not employees of NAO (“non-executive |
| |
| 20 |
(b) | the Comptroller and Auditor General (see Part 3), and |
| |
(c) | 3 employees of NAO (“employee members”) (see Parts 4 and 5). |
| |
| |
2 (1) | Neither NAO nor any of its members or employees is to be regarded— |
| |
(a) | as the servant or agent of the Crown, or |
| 25 |
(b) | as enjoying any status, immunity or privilege of the Crown. |
| |
(2) | NAO’s property is not to be regarded as property of, or held on behalf of, |
| |
| |
| |
| 30 |
| |
3 (1) | One of the persons who is a non-executive member of NAO is to chair it. |
| |
(2) | It is for Her Majesty by Letters Patent to appoint that person. |
| |
(3) | Her Majesty’s power is exercisable on an address of the House of Commons. |
| |
| This is subject to sub-paragraph (6). |
| 35 |
|
| |
|
| |
|
(4) | It is for the Prime Minister to move the motion for the address. |
| |
(5) | To do so the Prime Minister must have the agreement of the person who |
| |
chairs the Committee of Public Accounts. |
| |
(6) | Her Majesty may by Letters Patent extend an appointment under this |
| |
paragraph on the recommendation of the Prime Minister. |
| 5 |
(7) | To make a recommendation the Prime Minister must have the agreement of |
| |
the person who chairs the Committee of Public Accounts. |
| |
(8) | An extension of an appointment counts as a separate appointment for the |
| |
purposes of paragraphs 5 to 7. |
| |
Appointment of other non-executive members |
| 10 |
4 (1) | The other non-executive members are to be appointed by the Public |
| |
Accounts Commission as follows. |
| |
(2) | If there is a vacancy, the person who chairs NAO must recommend a person |
| |
to the Commission for appointment. |
| |
| 15 |
(a) | appoint the person who has been so recommended, or |
| |
(b) | require the person who chairs NAO to recommend another person |
| |
(in which event this sub-paragraph applies again and so on until |
| |
| |
Period of appointment and re-appointment |
| 20 |
5 (1) | An appointment under this Part of this Schedule is to be for a period of no |
| |
| |
(2) | A person may not be appointed under this Part of this Schedule more than |
| |
| |
Remuneration arrangements |
| 25 |
6 (1) | The Prime Minister and the person who chairs the Committee of Public |
| |
Accounts may jointly make remuneration arrangements in relation to the |
| |
| |
(2) | Amounts payable by virtue of sub-paragraph (1) are to be charged on, and |
| |
paid out of, the Consolidated Fund. |
| 30 |
(3) | The Public Accounts Commission may make remuneration arrangements in |
| |
relation to any other non-executive member. |
| |
(4) | Amounts payable by virtue of sub-paragraph (3) are to be paid by NAO. |
| |
(5) | Remuneration arrangements under this paragraph— |
| |
(a) | may make provision for a salary, allowances and other benefits but |
| 35 |
| |
(b) | may include a formula or other mechanism for adjusting one or more |
| |
of those elements from time to time. |
| |
|
| |
|
| |
|
Other terms of appointment |
| |
7 (1) | The Public Accounts Commission may determine other terms for an |
| |
appointment under this Part of this Schedule. |
| |
(2) | These terms may include restrictions on— |
| |
(a) | the offices or positions (including offices and positions to which |
| 5 |
persons may be appointed, or recommended for appointment, by or |
| |
on behalf of the Crown) that the non-executive member may hold |
| |
while, or after ceasing to be, a member, and |
| |
(b) | the agreements or other arrangements (including agreements and |
| |
arrangements with the Crown or bodies or other persons acting on |
| 10 |
behalf of the Crown) to which the non-executive member may be a |
| |
party while, or after ceasing to be, a member. |
| |
| |
8 | Before making any arrangements under paragraph 6 or a determination |
| |
under paragraph 7, the Commission must consult any person with oversight |
| 15 |
of public appointments whom the Commission thinks it is appropriate to |
| |
| |
Termination of appointments |
| |
9 (1) | The person who chairs NAO may resign by giving written notice to the |
| |
| 20 |
(2) | Any other non-executive member may resign by giving written notice to the |
| |
Public Accounts Commission. |
| |
10 (1) | Her Majesty may terminate the appointment of the person who chairs NAO |
| |
on an address of both Houses of Parliament. |
| |
(2) | The Public Accounts Commission may terminate the appointment of any |
| 25 |
other non-executive member by giving the member written notice if— |
| |
(a) | the member has been absent from meetings of NAO without NAO’s |
| |
permission for a period of more than 3 months, |
| |
(b) | the member has become bankrupt or has made an arrangement with |
| |
| 30 |
(c) | the member’s estate has been sequestrated in Scotland or the |
| |
member has entered into a debt arrangement programme under Part |
| |
1 of the Debt Arrangement and Attachment (Scotland) Act 2002 (asp |
| |
17) as the debtor or has, under Scots law, made a composition or |
| |
arrangement with, or granted a trust deed for, the member’s |
| 35 |
| |
(d) | the member is unfit to continue the appointment because of |
| |
| |
(e) | the member has failed to comply with the terms of the appointment, |
| |
| 40 |
(f) | the member is otherwise unable, unfit or unwilling to carry out the |
| |
| |
|
| |
|
| |
|
| |
| |
11 | The Comptroller and Auditor General is to be the chief executive (but not an |
| |
| |
| 5 |
| |
| |
12 (1) | The employee members are to be appointed by the non-executive members |
| |
| |
(2) | If there is a vacancy, the Comptroller and Auditor General must recommend |
| 10 |
a person to the non-executive members for appointment. |
| |
(3) | The non-executive members may— |
| |
(a) | appoint that person, or |
| |
(b) | require the Comptroller and Auditor General to recommend another |
| |
person (in which event this sub-paragraph applies again and so on |
| 15 |
until someone is appointed). |
| |
| |
13 (1) | The terms of an employee member’s appointment are to be determined by |
| |
the non-executive members. |
| |
(2) | The terms may include remuneration arrangements which— |
| 20 |
(a) | may make provision for a salary, allowances and other benefits but, |
| |
subject to sub-paragraph (4), not a pension, and |
| |
(b) | may include a formula or other mechanism for adjusting one or more |
| |
of those elements from time to time. |
| |
(3) | Amounts payable by virtue of sub-paragraph (2) are to be paid by NAO |
| 25 |
(subject to sub-paragraph (4)). |
| |
(4) | If the employee is a participant in a pension scheme under the terms of the |
| |
person’s employment with NAO, the remuneration arrangements may |
| |
make provision for the person’s service as an employee member to be |
| |
treated, for the purposes of the scheme, as if it were service as an employee |
| 30 |
| |
Termination of appointments |
| |
14 | The appointment of an employee member terminates— |
| |
(a) | if the terms of the member’s appointment provide for it to expire at |
| |
the end of a period, at the end of that period, and |
| 35 |
(b) | in any event, when the member ceases to be an employee of NAO. |
| |
15 | An employee member may resign by giving written notice to the non- |
| |
| |
|
| |
|