9(1)Any sums payable by the Auditor General in consequence of a breach, in the performance of any of the Auditor General's functions, of any contractual or other duty are to be charged on the Welsh Consolidated Fund.U.K.
(2)And sub-paragraph (1) applies whether the breach occurs by reason of an act or omission of—
(a)the Auditor General,
(b)a member of the Auditor General's staff, or
(c)any other person assisting the Auditor General in the exercise of the Auditor General's functions.
(3)The Auditor General may retain income within sub-paragraph (4) (rather than pay it into the Welsh Consolidated Fund) for use in connection with the exercise of the functions conferred or imposed by—
(a)Part 1 of the Local Government Act 1999 (c. 27) (best value audits and inspections),F1. . .
(b)Part 2 of the Public Audit (Wales) Act 2004 (c. 23) (local government audit) [F2or, so far as the functions relate to local government bodies in Wales, Part 3A of that Act (data matching)][F3, or
(c)Part 1 of the Local Government (Wales) Measure 2009.]
(4)The following income is within this sub-paragraph—
(a)fees charged by the Auditor General by virtue of Part 1 of the Local Government Act 1999 (c. 27),
(b)grants made to the Auditor General under section 33(3)(b) of that Act, F4. . .
(c)fees charged by the Auditor General by virtue of [F5 the following provisions of the Public Audit (Wales) Act 2004 (c. 23)—
(i)Part 2 (including those charged as a result of paragraph 11(3)(c)),
(ii)Part 3A (but only those charged to a local government body in Wales)][F6, and
(d)fees charged by the Auditor General by virtue of Part 1 of the Local Government (Wales) Measure 2009]
[F7(5)“Local government body in Wales” has the meaning given in section 12(1) of the Public Audit (Wales) Act 2004.]
Textual Amendments
F1Word in Sch. 8 para. 9(3)(a) omitted (1.4.2010) by virtue of The Local Government (Wales) Measure 2009 (Consequential Modifications) Order 2010 (S.I. 2010/212), art. 2(2)(a)
F2Words in Sch. 8 para. 9(3)(b) inserted (E.W.) (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 74(2), 94, Sch. 7 para. 5(2); S.I. 2008/755, art. 16 (subject to arts. 3-14)
F3Sch. 8 para. 9(3)(c) and preceding word inserted (1.4.2010) by The Local Government (Wales) Measure 2009 (Consequential Modifications) Order 2010 (S.I. 2010/212), art. 2(2)(b)
F4Word in Sch. 8 para. 9(4)(b) omitted (1.4.2010) by virtue of The Local Government (Wales) Measure 2009 (Consequential Modifications) Order 2010 (S.I. 2010/212), art. 2(2)(c)
F5Words in Sch. 8 para. 9(4)(c) substituted (E.W.) (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 74(2), 94, Sch. 7 para. 5(3); S.I. 2008/755, art. 16 (subject to arts. 3-14)
F6Sch. 8 para. 9(4)(d) and preceding word inserted (1.4.2010) by The Local Government (Wales) Measure 2009 (Consequential Modifications) Order 2010 (S.I. 2010/212), art. 2(2)(d)
F7Words in Sch. 8 para. 9(3)(b) inserted (E.W.) (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 74(2), 94, Sch. 7 para. 5(4); S.I. 2008/755, art. 16 (subject to arts. 3-14)
Commencement Information
I1This provision in force immediately after "the 2007 election" by s. 161(1) (subject to s. 161(4)(5))