Draft Order laid before Parliament under section 25(10)(c) of the Government Resources and Accounts Act 2000, for approval by resolution of each House of Parliament.
Draft Statutory Instruments
Government Resources And Accounts
Made
***
Coming into force in accordance with article 1
The Treasury make the following Order in exercise of the powers conferred by section 25(6) and (7) of the Government Resources and Accounts Act 2000(1).
In accordance with section 25(7)(a) of that Act it appears to the Treasury that each body in relation to which provision is made in articles 2 to 4 of this Order exercises functions of a public nature or is entirely or substantially funded from public money.
In accordance with section 25(10)(b) of that Act the Treasury have consulted the Comptroller and Auditor General.
A draft of this Order has been laid before and approved by a resolution of each House of Parliament in accordance with section 25(10)(c) of that Act.
1. This Order may be cited as the Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2017 and comes into force on the day after the day on which it is made.
2. The accounts of the Ebbsfleet Development Corporation(2) shall be audited by the Comptroller and Auditor General in relation to the financial years ending on and after 31st March 2017.
3.—(1) The accounts of the Housing Ombudsman(3) shall be audited by the Comptroller and Auditor General in relation to the financial years ending on and after 31st March 2017.
(2) As soon as reasonably practicable after the end of a financial year to which paragraph (1) applies, the Housing Ombudsman must send the accounts for that year to the Comptroller and Auditor General.
(3) The Comptroller and Auditor General must—
(a)examine, certify and report on any accounts sent by the Housing Ombudsman under paragraph (2), and
(b)send the certified accounts and the report to the Ombudsman and the Secretary of State.
(4) The Secretary of State must lay any accounts received under paragraph (3)(b), together with the Comptroller and Auditor General’s report on those accounts, before each House of Parliament.
(5) The Housing Ombudsman scheme is amended as follows—
(a)in paragraph 51—
(i)omit “and the annually audited accounts”, and
(ii)for “them” substitute “the report”;
(b)in paragraph 69, omit the words from “which will be audited” to the end; and
(c)omit paragraph 70.
(6) In paragraph (5), “the Housing Ombudsman scheme” means the Housing Ombudsman Service Scheme which originally came into effect on 1st April 2013 after having been approved by the Secretary of State under paragraph 3 of Schedule 2 to the Housing Act 1996, a copy of which has been deposited at the principal office of the Housing Ombudsman(4) and published on the Housing Ombudsman’s website(5).
4. In the Schedule to the Government Resources and Accounts Act 2000 (Audit of Non-profit-making Companies) Order 2009(6), insert the following entries at the appropriate places—
| Company name | Date | Company number |
|---|---|---|
| BPDTS Limited | 1 April 2016 | 10344843 |
| College of Policing | 1 April 2016 | 08235199 |
| English Sports Development Trust Limited | 1 April 2016 | 04290188 |
| Oil and Gas Authority | 1 April 2016 | 09666504 |
| Phone Paid Services Authority Limited | 1 April 2016 | 02398515 |
| Revenue and Customs Digital Technology Services Limited | 1 April 2016 | 09679225 |
5. Schedule 1 (amendments to legislation) amends primary and secondary legislation for the following purposes—
(a)to give full effect to articles 2 and 3 of this Order, and
(b)to repeal and revoke all legislation which requires the accounts of the bodies listed in Schedule 2 to this Order to be audited by the Comptroller and Auditor General.
Name
Name
Two of the Lords Commissioners of Her Majesty’s Treasury
Date
Article 5
1. In section 7 of the Industrial Organisation and Development Act 1947 (reports and accounts of development councils)(7)—
(a)in subsection (2), omit “or, as the case may be, the Comptroller and Auditor General”,
(b)omit subsections (2B) and (3A) to (3C), and
(c)in subsection (4), for “any report under this section prepared by a council, or made by the auditors on their accounts or by the Comptroller and Auditor General on their statement of” substitute “each such report of a council, or made by the auditors on their”.
2. In Schedule 31 to the Local Government, Planning and Land Act 1980 (urban development corporations: finance etc.)(8)—
(a)omit paragraph 10A,
(b)before paragraph 11 insert—
“10B.—(1) The Ebbsfleet Development Corporation shall send a copy of its accounts and statement of accounts for each financial year ending on or after 31st March 2017 to the Comptroller and Auditor General as soon as reasonably practicable after the end of that year.
(2) The Comptroller and Auditor General shall examine, certify and report on the accounts and statement received under sub-paragraph (1).”,
(c)in paragraph 11(1), for “10A” substitute “10B”,
(d)in paragraph 12, for “10A(3)” (in both places it occurs) substitute “10B(2)”, and
(e)in paragraph 13(3)(b), for “10A(3)” substitute “10B(2)”.
3. In paragraph 2(1) of Schedule 2 to the Housing Act 1996 (matters for which housing ombudsman scheme must provide)(9)—
(a)in paragraph 16, for “The” (in the first place it occurs) substitute “In the case of a scheme relating to Wales, the”, and
(b)after paragraph 16, insert—
“16A. 16A. In the case of a scheme relating to England, the keeping of accounts.”.
4. In paragraph 13 of Schedule 1 to the Offender Management Act 2007 (probation trusts: accounts and records)(10) , for paragraphs (2) to (2B)(11) substitute—
“(2) The Comptroller and Auditor General may examine any accounts of a probation trust, any records relating to the accounts and any auditor’s report on them.”.
5. In the Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003(12)—
(a)omit articles 4 (development councils), 9 (alcohol education and research council) and 11 (the commission for the new towns), and
(b)in the Schedule, omit the following entries—
| Alcohol Education and Research Council | 31st March 2005 |
| British Potato Council | 30th June 2004 |
| Commission for the New Towns (part of English Partnerships) | 31st March 2005 |
| Home-Grown Cereals Authority | 30th June 2004 |
| Horticultural Development Council | 31st March 2004 |
| Housing Corporation | 31st March 2004 |
| Meat and Livestock Commission | 31st March 2004 |
| Milk Development Council | 31st March 2004 |
| Standards Board for England | 31st March 2005 |
| Urban Regeneration Agency (part of English Partnerships) | 31st March 2005 |
6. In the Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2005(13), omit article 2 (development corporations).
7. In the Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2008(14), omit article 3 (independent living fund (2006)).
8. In the Schedule to the Government Resources and Accounts Act 2000 (Audit of Non-profit-making Companies) Order 2009(15), omit the following entries—
| Company name | Date | Company number |
|---|---|---|
| British Educational Communications and Technology Agency | 1 April 2008 | 02090588 |
| Capacity Builders (UK) Limited | 1 April 2008 | 05708912 |
| Caversham Lakes Trust Limited | 1 April 2008 | 04290188 |
| Children’s Workforce Development Council | 1 April 2008 | 05409076 |
| The Commission for the Compact | 1 April 2008 | 05932855 |
| Independent Housing Ombudsman Limited | 1 April 2009 | 03290221 |
| Investors in People UK | 1 April 2008 | 02860079 |
| The Museums, Libraries and Archives Council | 1 April 2008 | 03888251 |
| The National College for School Leadership Limited | 1 April 2008 | 04014904 |
| Northwest Business Link | 1 April 2008 | 06060925 |
| SITPRO Limited | 1 April 2009 | 04188890 |
| Working Ventures UK | 1 April 2008 | 05770846 |
| The Yorkshire and Humber Sustainable Futures Company Limited | 1 April 2008 | 05383346 |
9. In the Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2012(16), omit—
(a)article 2(b) (audit of bodies by the Comptroller and Auditor General),
(b)article 4 (probation trusts), and
(c)the Schedule (probation trusts whose accounts are subject to audit by the Comptroller and Auditor General).
Article 5(b)
Alcohol Education and Research Council
Avon and Somerset Probation Trust
Bedfordshire Probation Trust
British Educational Communications and Technology Agency
British Potato Council
Cambridgeshire and Peterborough Probation Trust
Capacity Builders (UK) Limited
Caversham Lakes Trust Limited
Cheshire Probation Trust
Children’s Workforce Development Council
Commission for the Compact
Cumbria Probation Trust
Derbyshire Probation Trust
Devon and Cornwall Probation Trust
Dorset Probation Trust
Durham Tees Valley Probation Trust
English Partnerships (Commission for New Towns)
English Partnerships (Urban Regeneration Agency)
Essex Probation
Gloucestershire Probation Trust
Greater Manchester Probation Trust
Hampshire Probation Trust
Hertfordshire Probation Trust
Home-Grown Cereals Authority
Horticultural Development Council
Housing Corporation
Humberside Probation Trust
Independent Housing Ombudsman Limited
Independent Living Fund (2006)
Investors In People UK
Kent Probation
Lancashire Probation Trust
Leicestershire and Rutland Probation Trust
Lincolnshire Probation Trust
London Probation Trust
London Thames Gateway Development Corporation
Meat and Livestock Commission
Merseyside Probation Trust
Milk Development Council
Museums, Libraries and Archives Council
National College for School Leadership Limited
Norfolk and Suffolk Probation Trust
Northamptonshire Probation Trust
Northwest Business Link
Northumbria Probation Trust
Nottinghamshire Probation Trust
SITPRO Limited
South Yorkshire Probation Trust
Staffordshire and West Midlands Probation Trust
Standards Board for England
Surrey and Sussex Probation Trust
Thames Valley Probation Trust
Thurrock Development Corporation
Warwickshire Probation Trust
West Mercia Probation Trust
West Northamptonshire Development Corporation
West Yorkshire Probation Trust
Wiltshire Probation Trust
Working Ventures UK
York and North Yorkshire Probation Trust
Yorkshire and Humber Sustainable Futures Company Limited
(This note is not part of the Order)
The effect of this Order is to require the Comptroller and Auditor General (“C&AG”) to audit the accounts of—
(a)the Ebbsfleet Development Corporation for the financial years ending on and after 31st March 2017,
(b)the Housing Ombudsman for the financial years ending on and after 31st March 2017, and
(c)the companies mentioned in article 4 for the financial years beginning on and after 1st April 2016.
Schedule 1 makes amendments to primary and secondary legislation for the following purposes—
(a)to give full effect to the requirements that the C&AG audit the accounts of the Ebbsfleet Development Corporation and the Housing Ombudsman for the financial years ending on and after 31st March 2017, and
(b)to repeal and revoke all legislation which requires the accounts of the bodies listed in Schedule 2 to this Order to be audited by the C&AG.
A full impact assessment has not been prepared for this instrument because no impact on the private or voluntary sector is foreseen.
2000 c.20. Section 25 was amended by section 19 of the Budget Responsibility and National Audit Act 2011 (c.4).
The Ebbsfleet Development Corporation was established by article 3(1) of the Ebbsfleet Development Corporation (Area and Constitution) Order 2015 (S.I. 2015/747).
The Housing Ombudsman was incorporated by the Housing Ombudsman (Sole Corporation) Order 2013 made pursuant to paragraph 10(2)(b) of Schedule 2 to the Housing Act 1996 (c.52).
The document is available for inspection at the following address; The Housing Ombudsman Service, Exchange Tower, Harbour Exchange Square, London E14 9GE.
The document can be found on the Housing Ombudsman website at the following address; http://www.housing-ombudsman.org.uk/media/13142/hos-scheme-final.pdf.
S.I. 2009/476; relevant amending instruments are S.I. 2010/976 and 2012/854.
1947 c.40; subsections (2) and (4) of section 7 were amended, and subsections (2B) and (3A) to (3C) of that section were inserted, by S.I. 2003/1326.
1980 c.65; paragraph 11(1) of Schedule 31 was amended, and paragraphs 10A, 12 and 13(3) of that Schedule were inserted, by S.I. 2005/913.
Paragraphs (2), (2A) and (2B) were inserted by S.I. 2012/854.
S.I. 2003/1326. Regulation 11 was amended by Schedule 16 to the Housing and Regeneration Act 2008 (c.17).
S.I. 2008/817; to which there are amendments not relevant to this Order.
S.I. 2009/476; relevant amending instruments are S.I. 2010/976 and 2012/854.
S.I. 2012/854, amended by S.I. 2015/234.