Democracy and Boundary Commission Cymru etc. Act 2013

Financial matters [F1and governance] E+W

Textual Amendments

15FundingE+W

(1)The Welsh Ministers may pay grants to the Commission of such amounts as they may determine.

(2)A grant is made subject to any conditions specified by the Welsh Ministers (including conditions about repayment).

16Accounting officerE+W

(1)The Welsh Ministers must designate a person to act as the Commission's accounting officer.

(2)The accounting officer has, in relation to the Commission's accounts and finances, the responsibilities specified in a direction by the Welsh Ministers.

(3)The responsibilities that may be specified include—

(a)responsibilities in relation to the signing of accounts;

(b)responsibilities for the propriety and regularity of the Commission's finances;

(c)responsibilities for the economy, efficiency and effectiveness with which the Commission uses its resources;

(d)responsibilities owed to the Welsh Ministers, the National Assembly for Wales or the Public Accounts Committee of the National Assembly;

(e)responsibilities owed to the House of Commons or the Committee of Public Accounts of that House.

17[F2Governance and audit committee]E+W

(1)The Commission must establish a committee [F3(a “governance and audit committee”)] to—

(a)review and scrutinise the Commission's financial affairs,

(b)review and assess the Commission's risk management, internal control and corporate governance arrangements,

[F4(ba)review, assess and manage the Commission’s internal and external audit arrangements,

(bb)review and assess the Commission’s handling of complaints,

(bc)review—

(i)statements of accounts and reports prepared by the Commission under sections 19(1) and 20,

(ii)reports prepared by the Auditor General for Wales under section 19(4),]

(c)review and assess the economy, efficiency and effectiveness with which resources have been used in discharging the Commission's functions, and

(d)make reports and recommendations to the Commission in relation to reviews conducted under paragraphs (a), (b) [F5, (ba), (bb), (bc)] or (c).

(2)The [F6governance and audit] committee must send copies of its reports and recommendations to the Welsh Ministers.

[F7(2A)The Commission may confer on the governance and audit committee the functions the Commission considers suitable to be exercised by the committee.]

(3)It is for the [F8governance and audit] committee to determine how to exercise its functions under this section.

Textual Amendments

18[F9Governance and audit committee: membership and quorum]E+W

[F10(1)The governance and audit committee is to consist of—

(a)at least two members of the Commission;

(b)at least two lay members;

(c)no more than five members.

(2)A lay member of the governance and audit committee must be appointed—

(a)to chair the committee (the “chair”);

(b)as deputy to the chair.

(2A)A person may not be a member of the governance and audit committee if the person is a member of the Commission and is either the Commission’s chairing member or is acting as deputy to the Commission’s chairing member.

(2B)The quorum for meetings of the governance and audit committee is three members, which must consist of at least one lay member.]

(3)The Commission may pay such remuneration, allowances and expenses to a lay member as it may determine.

(4)The Commission must consult the Welsh Ministers before determining the remuneration or allowances payable to a lay member.

(5)In this section “lay member” means any person other than—

(a)a member or an employee of the Commission, or

(b)an expert appointed under section 10(1) or assistant commissioner appointed under section 11(1).

Textual Amendments

F10S. 18(1)-(2B) substituted for s. 18(1)(2) (1.1.2025) by Elections and Elected Bodies (Wales) Act 2024 (asc 5), ss. 67(4)(b), 72(4); S.I. 2024/1337, art. 2(o)

19Accounts and external auditE+W

(1)The Commission must for each financial year—

(a)keep proper accounts and proper records in relation to them, and

(b)prepare a statement of accounts.

(2)Each statement of accounts must comply with any directions given by the Welsh Ministers as to—

(a)the information to be contained in it,

(b)the manner in which the information is to be presented,

(c)the methods and principles according to which the statement is to be prepared.

(3)No later than 31 August after the end of each financial year the Commission must submit its statement of accounts to—

(a)the Welsh Ministers, and

(b)the Auditor General for Wales.

(4)The Auditor General for Wales must—

(a)examine, certify and report on the statement of accounts, and

(b)no later than 4 months after the statement was submitted, lay before the National Assembly for Wales a copy of the certified statement and report.

(5)In this section, “financial year” means the period of 12 months ending on 31 March.

20Annual reportsE+W

(1)No later than 30 November after the end of each financial year the Commission must submit a report to the Welsh Ministers on the discharge of its functions during that year.

(2)The Welsh Ministers must publish the report and lay a copy before the National Assembly for Wales.

(3)In this section, “financial year” has the same meaning as in section 19.