Scotland Act 1998 Explanatory Notes

General

At present the Comptroller and Auditor General has powers under sections 6 and 7 of the National Audit Act 1983 to carry out examinations into the economy, efficiency and effectiveness with which certain public authorities and bodies have used their resources in discharging their functions.  These are commonly known as value for money studies.  These apply in relation to government departments and other authorities and bodies including any authority or body, whose members are appointed by or on behalf of the Crown, and which has received more than half its income from public funds.  It could therefore apply to the Scottish Administration and a wide range of bodies with functions in relation to devolved matters.  However it is intended that they should instead be subject to such provision as to value for money studies as the Scottish Parliament makes under section 70(1)(c) and (2)(c) and (d).  Those require the Parliament to make provision for independent persons to carry out value for money studies in relation to the Scottish Ministers, the Lord Advocate and other persons who receive funds from the Scottish Consolidated Fund or from the Scottish Ministers.  Therefore this section ensures that they are not also subject to the UK Comptroller and Auditor General’s examinations under sections 6 and 7 of the 1983 Act.

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