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Human rights claims against devolved administrations |
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62 | Time limit for human rights actions against Scottish Ministers etc |
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(1) | In section 100 of the Scotland Act 1998 (c. 46) the following (as inserted by the |
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Convention Rights Proceedings (Amendment) (Scotland) Act 2009 (asp 11)) are |
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(a) | subsections (3A) to (3E); |
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(b) | in subsection (4), the words “Subject to subsection (3D),”. |
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(2) | The Convention Rights Proceedings (Amendment) (Scotland) Act 2009 is |
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(3) | Omit paragraph 4A of Schedule 4 to the Scotland Act 1998. |
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(4) | The Scotland Act 1998 (Modification of Schedule 4) Order 2009 (S.I. 2009/1380 |
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(5) | Subsections (1) to (4) above do not apply to any proceedings brought before |
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this section comes into force. |
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(6) | After subsection (3) of section 100 of the Scotland Act 1998 insert— |
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“(3A) | Subsection (3B) applies to any proceedings brought by virtue of this Act |
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against the Scottish Ministers or a member of the Scottish Executive in |
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a court or tribunal on the ground that an act of the Scottish Ministers or |
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a member of the Scottish Executive is incompatible with the |
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(3B) | Proceedings to which this subsection applies must be brought before |
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(a) | the period of one year beginning with the date on which the act |
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complained of took place, or |
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(b) | such longer period as the court or tribunal considers equitable |
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having regard to all the circumstances, |
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| but that is subject to any rule imposing a stricter time limit in relation |
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to the procedure in question. |
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(3C) | Subsection (3B) does not apply to proceedings brought by the Lord |
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Advocate, the Advocate General, the Attorney General, the Attorney |
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General for Northern Ireland or the Advocate General for Northern |
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(3D) | In subsections (3A) and (3B) “act” does not include the making of any |
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legislation but it does include any other act or failure to act (including |
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a failure to make legislation). |
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(3E) | In subsection (3B) “rule” has the same meaning as it has in section 7(5) |
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of the Human Rights Act 1998.” |
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(7) | In subsection (4) of that section at the beginning insert “Subject to subsection |
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(8) | Subsections (6) and (7) above apply to any proceedings brought after this |
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section comes into force (including proceedings in respect of an act taking |
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place before this section comes into force). |
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63 | Time limit for human rights actions against Northern Ireland Ministers etc |
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(1) | After section 71(2C) of the Northern Ireland Act 1998 (c. 47) (human rights) |
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“(2D) | Section 24(1)(a) does not enable a person to bring any proceedings in a |
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court or tribunal in respect of an act unless the proceedings are brought |
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(a) | the period of one year beginning with the date on which the act |
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(b) | such longer period as the court or tribunal considers equitable |
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having regard to all the circumstances, |
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| but that is subject to any rule imposing a stricter time limit in relation |
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to the procedure in question. |
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(2E) | Subsection (2D) does not apply to— |
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(a) | proceedings brought on the ground that any subordinate |
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legislation made, confirmed or approved by a Minister or a |
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Northern Ireland department is incompatible with the |
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(b) | proceedings brought by a person mentioned in subsection (2). |
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(2F) | In subsection (2D) “rule” has the same meaning as it has in section 7(5) |
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of the Human Rights Act 1998.” |
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(2) | This section applies to any proceedings brought after this section comes into |
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force (including proceedings in respect of an act taking place before this section |
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64 | Time limit for human rights actions against Welsh Ministers etc |
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(1) | Section 81 of the Government of Wales Act 2006 (c. 32) is amended as set out in |
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(2) | After subsection (3) insert— |
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“(3A) | Subsection (1) does not enable a person to bring any proceedings in a |
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court or tribunal in respect of an act unless the proceedings are brought |
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(a) | the period of one year beginning with the date on which the act |
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(b) | such longer period as the court or tribunal considers equitable |
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having regard to all the circumstances, |
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| but that is subject to any rule imposing a stricter time limit in relation |
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to the procedure in question. |
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(3B) | Subsection (3A) does not apply to— |
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(a) | proceedings brought on the ground that any subordinate |
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legislation made, confirmed or approved by the Welsh |
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Ministers is incompatible with the Convention rights; |
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(b) | proceedings brought by a person mentioned in subsection (3). |
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(3C) | In subsection (3A) “rule” has the same meaning as it has in section 7(5) |
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of the Human Rights Act 1998.” |
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(3) | In subsection (5) after “Ministers” insert “(and in subsection (3B)(a) the |
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reference to the Welsh Ministers is to be read accordingly)”. |
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(4) | Subsections (3A) to (3C) of section 81 of the Government of Wales Act 2006 |
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(c. 32) apply in relation to section 107(1) of the Government of Wales Act 1998 |
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(c. 38) (so far as proceedings may be brought by virtue of it despite its repeal) |
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as those subsections apply in relation to section 81(1) of the 2006 Act. |
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(5) | This section applies to any proceedings brought after this section comes into |
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force (including proceedings in respect of an act taking place before this section |
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65 | Judicial appointments etc |
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Schedule 10 (which makes amendments relating to judicial appointments etc) |
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66 | Salary protection for members of tribunals |
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(1) | This section applies if, in accordance with the terms of a person’s appointment, |
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the person is to be paid a salary (as opposed to fees) under any of the following |
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(a) | section 5(1)(a), (b) or (c) of the Employment Tribunals Act 1996 (c. 17); |
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(b) | paragraph 10 of Schedule 1 to the Tribunals, Courts and Enforcement |
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(c) | paragraph 5(2) of Schedule 2 to that Act; |
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(d) | paragraph 5(2) of Schedule 3 to that Act; |
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(e) | paragraph 3(2), 5(10) or 6(6) of Schedule 4 to that Act. |
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(3) | The Secretary of State (with the consent of the Treasury as required) or the Lord |
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Chancellor (as the case may be)— |
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(a) | must, under the provision in question, determine the amount of the |
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salary to be paid to the person and pay it accordingly; |
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(b) | may, under the provision in question, determine increases, but not |
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reductions, in the salary. |
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67 | Salary protection for office holders in Northern Ireland |
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(1) | A person’s salary determined under any of the following provisions may be |
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increased, but not reduced, by further determinations. |
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(a) | section 106(1) of the County Courts Act (Northern Ireland) 1959 (c. 25 |
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(b) | section 12(1) of the Magistrates’ Courts Act (Northern Ireland) 1964 (c. |
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21 (N.I.)) as it applies in relation to persons appointed under section |
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(3) | Subsection (5) applies if, in accordance with the terms of a person’s |
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appointment, the person is to be paid a salary (as opposed to fees) under any |
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of the following provisions. |
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(a) | section 2(1) of the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)) as |
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it applies in relation to the remuneration of coroners (but not deputy |
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(b) | section 70 of the Judicature (Northern Ireland) Act 1978 (c. 23); |
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(c) | paragraph 2 of Schedule 4 to the Child Support Act 1991 (c. 48) as it |
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applies in relation to persons appointed under section 23(1) of that Act; |
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(d) | paragraph 7 of Schedule 2 to the Social Security Administration |
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(Northern Ireland) Act 1992 (c. 8) as it applies in relation to persons |
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appointed under section 50(1) of that Act. |
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(5) | Under the provision in question the person’s salary— |
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(a) | must be determined and paid accordingly; |
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(b) | may be increased, but not reduced, by further determinations. |
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The Comptroller and Auditor General |
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68 | The office of the Comptroller and Auditor General |
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(1) | The office of the Comptroller and Auditor General is to continue. |
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(2) | In Welsh the office is called Y Rheolwr ac Archwilydd Cyffredinol. |
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(3) | It is for Her Majesty by Letters Patent to appoint a person to the office. |
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(4) | Her Majesty’s power is exercisable on an address of the House of Commons. |
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(5) | It is for the Prime Minister to move the motion for the address. |
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(6) | To do so the Prime Minister must have the agreement of the person who chairs |
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the Committee of Public Accounts. |
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(7) | The person appointed holds the office for ten years. |
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(8) | The person may not be appointed again. |
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69 | Status of the Comptroller and Auditor General etc |
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(1) | The Comptroller and Auditor General continues by that name to be a |
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(2) | The Comptroller and Auditor General continues to be an officer of the House |
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| (But section 4(4) of the House of Commons (Administration) Act 1978 (c. 36) |
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does not apply in relation to the office of the Comptroller and Auditor |
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(3) | The person who is the Comptroller and Auditor General must not be a member |
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(4) | The Comptroller and Auditor General is not to be regarded— |
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(a) | as the servant or agent of the Crown, or |
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(b) | as enjoying any status, immunity or privilege of the Crown. |
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(5) | The person who is the Comptroller and Auditor General must not hold any |
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other office or position for which the person is appointed or recommended by |
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or on behalf of the Crown. |
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(6) | The Comptroller and Auditor General has complete discretion in the carrying |
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out of the office’s functions, including in determining whether to carry out an |
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examination under Part 2 of the National Audit Act 1983 (c. 44) and as to the |
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manner in which any such examination is carried out. |
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(7) | Subsection (6) is subject to any other statutory provision. |
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(8) | For provision that affects the carrying out of the Comptroller and Auditor |
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General’s functions, see (in particular)— |
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(a) | section 74 and Schedule 11, which provide for the establishment of a |
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body corporate called the National Audit Office and for the |
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Comptroller and Auditor General to be one of the body’s nine members |
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(b) | section 75 and Schedule 12, which deal with the interaction between the |
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National Audit Office and the Comptroller and Auditor General and |
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which (among other things)— |
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(i) | require the National Audit Office and the Comptroller and |
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Auditor General to prepare a strategy for their functions and to |
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give effect to that strategy; |
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(ii) | require the National Audit Office to provide resources for the |
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Comptroller and Auditor General’s functions; |
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(iii) | require the Comptroller and Auditor General to obtain the |
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approval of the National Audit Office before providing certain |
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(iv) | require the National Audit Office to monitor the carrying out of |
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the Comptroller and Auditor General’s functions; |
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(v) | require the National Audit Office to provide advice to the |
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Comptroller and Auditor General and the Comptroller and |
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Auditor General to have regard to that advice; |
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(vi) | require the National Audit Office and the Comptroller and |
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Auditor General to prepare a code of practice dealing with their |
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relationship and to comply with it; |
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(c) | section 77, which places requirements on the Comptroller and Auditor |
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General in relation to efficiency etc; |
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(d) | section 7A of the National Audit Act 1983, which requires the |
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Comptroller and Auditor General to have regard to certain proposals |
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made by the Committee of Public Accounts. |
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The Comptroller and Auditor General may provide services to any person in |
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any place within or outside the United Kingdom under agreements or other |
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arrangements entered into by the Comptroller and Auditor General. |
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71 | Remuneration package of the Comptroller and Auditor General |
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(1) | The person (“P”) who is the Comptroller and Auditor General is to receive a |
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(2) | P’s package may include— |
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(a) | an annual salary, allowances, arrangements for a pension and other |
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(b) | a formula or other mechanism for adjusting one or more elements of P’s |
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package from time to time. |
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(3) | In relation to arrangements for a pension, P’s package may provide that the |
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principal civil service pension scheme (as defined in section 2(10) of the |
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Superannuation Act 1972 (c. 11)) is to apply to P’s service as Comptroller and |
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Auditor General as if it were service in employment in the civil service of the |
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State (and the principal civil service pension scheme is to apply accordingly). |
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(4) | No element of P’s package is to be performance based. |
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(5) | P’s package is to be determined jointly by the Prime Minister and the person |
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who chairs the Committee of Public Accounts before the start of P’s |
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(6) | Amounts required for providing P’s package are to be charged on and paid out |
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of the Consolidated Fund. |
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(7) | The Treasury may, by statutory instrument, make regulations for purposes |
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supplementary to this section so far as it relates to arrangements for pensions. |
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(8) | Regulations under subsection (7) may provide for a statutory provision not to |
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apply, or to apply with modifications, in relation to arrangements for a pension |
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included in a remuneration package, including, in the case of a remuneration |
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package that makes provision within subsection (3), for the principal civil |
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service pension scheme to apply with modifications. |
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(9) | A statutory instrument containing regulations under subsection (7) is subject |
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to annulment in pursuance of a resolution of the House of Commons. |
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72 | Resignation or removal of the Comptroller and Auditor General |
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(1) | The person who is the Comptroller and Auditor General may resign from |
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office by giving written notice to the Prime Minister. |
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(2) | Her Majesty may remove from office the person who is the Comptroller and |
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Auditor General on an address of both Houses of Parliament. |
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73 | Employment etc of a former Comptroller and Auditor General |
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(1) | This section applies to a person (“P”) who was appointed to the office of the |
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Comptroller and Auditor General under this Part but who no longer holds that |
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(a) | taking up an office or position, or |
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(b) | entering into an agreement or other arrangements, |
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| of a specified description, P must consult the specified person about the office, |
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position, agreement or arrangements. |
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(3) | “Specified” means specified from time to time by the Commission. |
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(4) | Subsections (5) and (6) apply for the period of two years starting with the day |
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after the day on which P ceased to be the Comptroller and Auditor General. |
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(a) | hold an office or position for which P is appointed or recommended by |
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or on behalf of the Crown, or |
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(b) | be a member, director, officer or employee of a body or other person |
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whose accounts are required by a statutory provision to be audited or |
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examined by, or to be open to the inspection of, the Comptroller and |
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(6) | P must not, in any capacity, provide services to— |
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(a) | the Crown or any body or other person acting on behalf of the Crown; |
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(b) | a body or other person whose accounts are required by a statutory |
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provision to be audited or examined by, or to be open to the inspection |
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of, the Comptroller and Auditor General. |
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(7) | But subsections (5) and (6) do not stop P from holding any of the following |
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(a) | the Auditor General for Scotland; |
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(b) | the Auditor General for Wales; |
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(c) | the Comptroller and Auditor General for Northern Ireland. |
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The National Audit Office |
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74 | Incorporation of the National Audit Office |
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(1) | There is to be a body corporate called the National Audit Office. |
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(2) | In Welsh it is called Y Swyddfa Archwilio Genedlaethol. |
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(3) | In this Part “NAO” means the National Audit Office. |
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(4) | Schedule 11 (which is about NAO) has effect. |
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75 | Interaction between NAO and the Comptroller and Auditor General |
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Schedule 12 (which is about the interaction between NAO and the Comptroller |
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and Auditor General) has effect. |
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(1) | NAO’s expenditure is to be paid out of money provided by Parliament. |
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| (But see sections 71(6) and 78(1) and paragraph 6(2) of Schedule 11.) |
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(2) | For each financial year, NAO and the Comptroller and Auditor General must |
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jointly prepare an estimate of NAO’s use of resources. |
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(3) | This must cover (in particular) the resources required for the purposes of |
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paragraph 2(1) of Schedule 12 (which requires NAO to provide resources for |
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the Comptroller and Auditor General’s functions). |
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(4) | The chair of NAO and the Comptroller and Auditor General must jointly |
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submit the estimate to the Commission. |
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(a) | review the estimate, and |
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