Section 2(4).
1(1)Subject to paragraph 2 of this Schedule, a member of the Commission, other than the ex officio member, shall vacate his office—U.K.
(a)if he ceases to be a Member of the House of Commons; or
(b)if another person is nominated or appointed in his place.
(2)Subject to sub-paragraph (1) above, a member of the Commission, other than the ex officio member, shall hold office for the duration of the Parliament in which he is nominated or appointed and for the further period provided by paragraph 2 of this Schedule.
(3)A member of the Commission, other than the ex officio member, may resign at any time by notice to the Commission.
(4)Past service is no bar to nomination or appointment as a member of the Commission.
(5)In this paragraph and paragraph 2 of this Schedule “the ex officio member” means the Chairman of the Committee of Public Accounts.
2(1)On a dissolution of Parliament the person who is then the Chairman of the Committee of Public Accounts shall continue in office as a member of the Commission until a new Chairman of that Committee is appointed.U.K.
(2)Subject to sub-paragraph (3) below, on a dissolution of Parliament the members of the Commission, other than the ex officio member, shall continue in office until members are nominated or appointed in their place.
(3)Where at any time after Parliament has been dissolved it appears that a member of the Commission other than the ex officio member—
(a)has not been validly nominated as a candidate at the ensuing general election; or
(b)although so nominated, has not been elected a Member of Parliament at that election,
that member shall resign from the Commission forthwith; but nothing in sub-paragraph (2) above or this sub-paragraph shall be taken as preventing any such member from resigning otherwise than in pursuance of this sub-paragraph.
3U.K.The Commission shall elect a chairman from amongst its members.
4(1)The validity of any proceedings of the Commission shall not be affected by any vacancy among the members of the Commission or by any defect in the appointment or nomination of any Commissioner.U.K.
(2)The Commission may determine its own procedure.
(3)The Commission may appoint one of the Commissioners to act as chairman at any meeting of the Commission in the absence of the elected chairman of the Commission.
Section 3(7).
1U.K.The person for the time being holding the office of Comptroller and Auditor General shall by that name be a corporation sole.
2(1)It shall be the duty of the Comptroller and Auditor General to make, by such date as the Commission may determine, an offer of employment as a member of the staff of the National Audit Office to each person employed in the civil service of the State in the Exchequer and Audit Department immediately before the coming into force of this Act; and the terms of the offer must be such that they are, taken as a whole, not less favourable to the person to whom the offer is made than the terms on which he is employed on the date on which the offer is made.U.K.
(2)An offer made in pursuance of this paragraph shall not be revocable during the period of three months beginning with the date on which it is made.
(3)Where a person becomes a member of the staff of the National Audit Office in consequence of this paragraph then, for the purposes of the [F1the Employment Rights Act 1996], his period of employment in the civil service of the State shall count as a period of employment as a member of the staff of that Office and the change of employment shall not break the continuity of the period of employment.
(4)Where an offer is made to any person in pursuance of this paragraph none of the agreed redundancy procedures applicable to persons employed in the civil service of the State shall apply to him; and if he ceases to be employed as mentioned in sub-paragraph (1) above—
(a)on becoming a member of the staff of the National Audit Office in consequence of this paragraph; or
(b)having unreasonably refused an offer made to him in pursuance of this paragraph,
he shall not, on ceasing to be so employed, be treated for the purposes of any scheme under section 1 of the M1Superannuation Act 1972 as having been retired on redundancy.
Textual Amendments
F1Words in Sch. 2 para. 2(3) substituted (22.8.1996) by 1996 c. 18, ss. 240, 243, Sch. 1 para. 22 (with ss. 191-195, 202)
Marginal Citations
3(1)In Part III of Schedule 1 to the M2House of Commons Disqualification Act 1975 (disqualifying offices) there shall be inserted at the appropriate place the words “Member of the staff of the National Audit Office”.U.K.
(2)A corresponding amendment shall be made in Part III of Schedule 1 to the M3Northern Ireland Assembly Disqualification Act 1975.
4U.K.In Part II of the Table in paragraph 3 of the Schedule 1 to the M4Public Records Act 1958 there shall be inserted at the appropriate place the words “National Audit Office”.
Marginal Citations
Section 4(5).
1[F2(1)The auditor must be eligible for appointment as a statutory auditor (see Part 42 of the Companies Act 2006).]U.K.
(3)The auditor shall be appointed at such remuneration and on such other terms and conditions as the Commission may determine; and the remuneration of the auditor shall be defrayed as part of the expenses of the National Audit Office.
Textual Amendments
F2Sch. 3 para.1(1) substituted for Sch. 3 para. 1(1)(2) (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 54 (with art. 10)
2U.K.The auditor shall have power to carry out economy, efficiency and effectiveness examinations of the use of resources by the National Audit Office.
3U.K.The auditor shall have a right of access at all reasonable times to all such documents as appear to him necessary for the purposes of the audit and shall be entitled to require from any person holding or accountable for any such documents such information and explanation as he thinks necessary for those purposes.
4[F3(1)The provisions of sections 6(1) and 25(2) of the Government Resources and Accounts Act 2000 (examination of resource accounts) shall apply, with any necessary modifications, to the examination by the auditor of the resource accounts of the National Audit Office as they apply to the examination by the Comptroller and Auditor General of the resource accounts of a government department.]U.K.
(2)On completion of his examination the auditor shall certify the [F4resource accounts] and submit [F4them], together with his report thereon, to the Commission for presentation to the House of Commons.
Textual Amendments
F3S. 4(1) substituted (1.4.2001) by 2000 c. 20, s. 29, Sch. 1 para. 18(4); S.I. 2000/3349, art. 3(1)(a) (with transitional provision in art. 5)
F4Words in s. 4(2) substituted (1.4.2001) by 2000 c. 20, s. 29, Sch. 1 para. 18(5)(a)(b); S.I. 2000/3349, art. 3(1)(a) (with transitional provision in art. 5)
Section 7(4).
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5
The British Airways Board
F6...
[F7 . . .]
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F8
The British Railways Board
British Shipbuilders
The British Steel Corporation
British Telecommunications
The British Waterways Board
F9. . .
The Civil Aviation Authority
F9. . .
F10 [ London Regional Transport ]
F11 . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F12
F13. . .
[F14The Oil and Pipelines Agency]
[F15The Post Office]
[F16The Scottish Transport Group]
F17. . .
[F18[The Regional Water Authorities]]
[F18[The Welsh Water Authority.]]
Textual Amendments
F5Entry relating to the British Airports Authority repealed by Airports Act 1986 (c. 31, SIF 9), s. 83(5), Sch. 6 Pt. I
F6 Words in Sch. 4 Pt. I repealed (27.3.2004) by Coal industry Act 1994 (c. 21), s. 67, Sch. 9 para. 29, Sch. 11 Pt. IV; S.I. 2004/144, art. 3
F7Entry repealed (E.W.S.) by Gas Act 1986 (c. 44, SIF 44:2), s. 67(4), Sch. 9 Pt. III
F8Entry relating to The British National Oil Corporation repealed by Oil and Pipelines Act 1985 (c. 62, SIF 86), ss. 6, 7, Sch. 4 Pt. II
F9Entries repealed (9.11.2001) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18; S.I. 2001/3419, art. 2(a)(c)
F10Entry inserted (E.W.) by London Regional Transport Act 1984 (c. 32, SIF 126), s. 24
F11Entry in Sch. 4 Pt. I relating to the National Bus Company repealed (E.W.S.) (1.4.1991) by S.I. 1991/510, art. 5, Sch.
F12Entry relating to The National Coal Board repealed by Coal Industry Act 1987 (c. 3, SIF 86), s. 10(3), Sch. 3 Pt. II
F13Entry repealed (9.11.2001) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18; S.I. 2001/3419, art. 2(a)(c)
F14Entry inserted by Oil and Pipelines Act 1985 (c. 62, SIF 86), s. 7(3)
F15Entry in Sch. 4 Pt. I repealed (coming into force in accordance with art. 1(3) of the amending S.I) by S.I. 2001/1149, art. 3(2), Sch. 2
F16Entry relating to the Scottish Transport Group in Sch. 4 Pt. I repealed (S.) (7.6.2002) by S.S.I. 2002/263, art. 5(2), Sch.
F17Entry repealed (9.11.2001) by Electricity Act 1989 (c. 29, SIF 44:1), s. 112(3)(4), Sch. 17 para. 35(1), Sch. 18; S.I. 2001/3419, art. 2(a)(c)
F18Entries repealed (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(1)(3)(4), Sch. 27 Pt. I
The British Broadcasting Corporation
[F19The Independent Broadcasting Authority
The Welsh Fourth Channel Authority.]
[F19Sianel Pedwar Cymru.]
Textual Amendments
F19Entry relating to Sianel Pedwar Cymru substituted (prosp.) for the entries relating to the Independent Broadcasting Authority and the Welsh Fourth Channel Authority by Broadcasting Act 1990 (c. 42, SIF 96), s. 203(1), Sch. 20 Pt. II para. 36
Chapter | Short title | Extent of repeal |
---|---|---|
29 & 30 Vict. c. 39. | The Exchequer and Audit Departments Act 1866. | Section 24. |
11 & 12 Geo. 5. c. 52. | The Exchequer and Audit Departments Act 1921. | In section 1(2), the proviso. |
Section 3(3) and (4). | ||
Section 8(1) and (2). |