Public Audit (Wales) Act 2004

Audit Commission Act 1998 (c. 18) E+W

Commencement Information

I1 Sch. 2 wholly in force at 1.4.2005, see s. 73 and S.I. 2005/558, art. 2, Sch. 1 (subject to Sch. 2)

21 E+W The Audit Commission Act 1998 is amended as follows.

Commencement Information

I2 Sch. 2 wholly in force at 1.4.2005, see s. 73 and S.I. 2005/558, art. 2, Sch. 1 (subject to Sch. 2)

22 E+W In section 29 (agreed audit of accounts), in subsection (1)(b) after “body subject to audit” insert “ , a local government body in Wales or a Welsh NHS body ”.

Commencement Information

I3 Sch. 2 wholly in force at 1.4.2005, see s. 73 and S.I. 2005/558, art. 2, Sch. 1 (subject to Sch. 2)

23 (1) Section 33 (studies for improving economy etc in services) is amended as follows. E+W

(2) In subsection (1)(a)—

(a) after “best value authorities” insert “ which are bodies subject to audit ”;

(b) after “bodies subject to audit” insert “ and by local government bodies in Wales ”.

(3) In subsection (1)(b) after “bodies subject to audit” insert “ and local government bodies in Wales ”.

(4) In subsection (4) after “bodies subject to audit” insert “ and by local government bodies in Wales ”.

(5) In subsection (6)(a) for “best value authorities or other bodies subject to audit” substitute “ best value authorities which are bodies subject to audit, other bodies subject to audit and local government bodies in Wales ”.

(6) In subsection (6) omit the word “and” immediately preceding paragraph (c) and after that paragraph insert—

“(ca) in the case of a study relating to a local government body in Wales, also consult the Auditor General for Wales and take into account any relevant work done or being done by the Auditor General for Wales.”

(7) After subsection (6) insert—

“(6A) The Commission may undertake or promote studies under this section relating to a local government body in Wales only if the Commission considers it necessary or desirable to do so for the purposes of any of these—

(a) a study into the exercise throughout England and Wales of particular functions of all local government bodies or a description of local government body;

(b) a study into the provision throughout England and Wales of particular services provided by all local government bodies or a description of local government body;

(c) a study into the financial or other management throughout England and Wales of all local government bodies or a description of local government body.”

Commencement Information

I4 Sch. 2 wholly in force at 1.4.2005, see s. 73 and S.I. 2005/558, art. 2, Sch. 1 (subject to Sch. 2)

24 (1) Section 34 (reports on impact of statutory provisions etc) is amended as follows. E+W

(2) In subsection (1)—

(a) after “local authority services” insert “ by bodies subject to audit and local government bodies in Wales ”;

(b) after “health service bodies” insert “ and by local government bodies in Wales ”;

(c) for “such bodies” substitute “ bodies subject to audit and local government bodies in Wales ”.

(3) In subsection (6) omit the word “and” immediately preceding paragraph (d) and after that paragraph insert—

“(da) in the case of a study relating to a local government body in Wales, also consult the Auditor General for Wales and take account of any relevant work done or being done by the Auditor General for Wales.”

(4) After subsection (6) insert—

“(6A) The Commission may undertake or promote studies under this section relating to a local government body in Wales only if the Commission considers it necessary or desirable to do so for the purposes of any of these—

(a) a study into the impact of anything mentioned in paragraph (a) or (b) of subsection (1) on economy, efficiency and effectiveness in the provision of local authority services throughout England and Wales by all local government bodies or a description of local government body;

(b) a study into the impact of anything mentioned in paragraph (a) or (b) of subsection (1) on economy, efficiency and effectiveness in the provision of other services throughout England and Wales by all local government bodies or a description of local government body;

(c) a study into the impact of anything mentioned in paragraph (a) or (b) of subsection (1) on the financial management throughout England and Wales of all local government bodies or a description of local government body.”

Commencement Information

I5 Sch. 2 wholly in force at 1.4.2005, see s. 73 and S.I. 2005/558, art. 2, Sch. 1 (subject to Sch. 2)

25 (1) Section 36 (studies at request of educational bodies) is amended as follows. E+W

(2) In the Table in subsection (1)—

(a) in the entry relating to a higher education funding council, for “A higher education funding council” substitute “ The Higher Education Funding Council for England ”;

(b) in the entry relating to the governing body of an institution within the higher education sector—

(i) after “institution” insert “ in England ”;

(ii) for “higher education funding council” substitute “ Higher Education Funding Council for England ”;

(c) in the entry relating to a funding agency under Part 1 of the Education Act 1994, after “Education Act 1994” insert “ in England ”;

(d) in the entry relating to the governing body of an institution receiving financial support under Part 1 of the Education Act 1994, after “institution” insert “ in England ”;

(e) omit the entry relating to the National Council for Education and Training for Wales;

(f) in the entry relating to the governing body of an institution within the further education sector—

(i) after “institution” insert “ in England ”;

(ii) for “the Learning and Skills Council for England or the National Council for Education and Training for Wales” substitute “ or the Learning and Skills Council for England ”.

(3) In subsection (2) for “a higher education funding council” substitute “ the Higher Education Funding Council for England ”.

(4) In subsection (3) after “further education corporation” insert “ in England ”.

Commencement Information

I6 Sch. 2 wholly in force at 1.4.2005, see s. 73 and S.I. 2005/558, art. 2, Sch. 1 (subject to Sch. 2)

26 E+W In section 38 (benefit administration studies for Secretary of State) after 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.”

Commencement Information

I7 Sch. 2 wholly in force at 1.4.2005, see s. 73 and S.I. 2005/558, art. 2, Sch. 1 (subject to Sch. 2)

27 (1) Section 40 (studies relating to registered social landlords) is amended as 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) ”.

(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 ”.

Commencement Information

I8 Sch. 2 wholly in force at 1.4.2005, see s. 73 and S.I. 2005/558, art. 2, Sch. 1 (subject to Sch. 2)

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 ”.

Commencement Information

I9 Sch. 2 wholly in force at 1.4.2005, see s. 73 and S.I. 2005/558, art. 2, Sch. 1 (subject to Sch. 2)

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.”

(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 Corporation ”.

Commencement Information

I10 Sch. 2 wholly in force at 1.4.2005, see s. 73 and S.I. 2005/558, art. 2, Sch. 1 (subject to Sch. 2)

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).

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

Commencement Information

I11 Sch. 2 wholly in force at 1.4.2005, see s. 73 and S.I. 2005/558, art. 2, Sch. 1 (subject to Sch. 2)

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

Commencement Information

I12 Sch. 2 wholly in force at 1.4.2005, see s. 73 and S.I. 2005/558, art. 2, Sch. 1 (subject to Sch. 2)

32 E+W In section 47 (application of performance standards provisions to parish and community councils and charter trustees)—

(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”.

Commencement Information

I13 Sch. 2 wholly in force at 1.4.2005, see s. 73 and S.I. 2005/558, art. 2, Sch. 1 (subject to Sch. 2)

33 E+W In section 49(1) (restriction on disclosure of information) after paragraph (d) 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;”.

Commencement Information

I14 Sch. 2 wholly in force at 1.4.2005, see s. 73 and S.I. 2005/558, art. 2, Sch. 1 (subject to Sch. 2)

34 E+W 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—

(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 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.”

Commencement Information

I15 Sch. 2 wholly in force at 1.4.2005, see s. 73 and S.I. 2005/558, art. 2, Sch. 1 (subject to Sch. 2)

35 E+W In section 52(1) (orders and regulations) omit “or the National Assembly for Wales”.

Commencement Information

I16 Sch. 2 wholly in force at 1.4.2005, see s. 73 and S.I. 2005/558, art. 2, Sch. 1 (subject to Sch. 2)

36 E+W 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 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;”.

Commencement Information

I17 Sch. 2 wholly in force at 1.4.2005, see s. 73 and S.I. 2005/558, art. 2, Sch. 1 (subject to Sch. 2)

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 ”.

Commencement Information

I18 Sch. 2 wholly in force at 1.4.2005, see s. 73 and S.I. 2005/558, art. 2, Sch. 1 (subject to Sch. 2)

38 (1) Schedule 2 (accounts subject to audit) is amended as follows. E+W

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

(3) After paragraph 1A insert—

“1B Section 2 does not apply to the accounts of a local government body in Wales.”

Commencement Information

I19 Sch. 2 wholly in force at 1.4.2005, see s. 73 and S.I. 2005/558, art. 2, Sch. 1 (subject to Sch. 2)