Public Audit (Wales) Act 2004

Section 66

SCHEDULE 2 E+W Minor and consequential amendments

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)

Local Government Act 1972 (c. 70) E+W

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)

1 (1) Section 137 of the Local Government Act 1972 (local authority expenditure for certain purposes not otherwise authorised) is amended as follows. E+W

(2) In subsection (7), omit the words from “and section 14” to the end.

(3) After that subsection insert—

“(7A) In relation to England, section 14 of the Audit Commission Act 1998 (rights of inspection) applies in relation to a separate account included in a local authority’s accounts by virtue of subsection (7) above as it applies in relation to a statement of accounts prepared by the authority pursuant to regulations under section 27 of that Act.

(7B) In relation to Wales, section 29 of the Public Audit (Wales) Act 2004 (rights of inspection) applies in relation to a separate account included in a local authority’s accounts by virtue of subsection (7) above as it applies in relation to a statement of accounts prepared by the authority pursuant to regulations under section 39 of that Act.”

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)

National Health Service Act 1977 (c. 49) E+W

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)

2 E+W F1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 2 para. 2 repealed (1.2.2007) by Health Act 2006 (c. 28), ss. 80, 83, Sch. 9; S.I. 2007/204, art. 4(c) (with art. 5)

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)

Local Government, Planning and Land Act 1980 (c. 65) E+W

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)

3 E+W In section 2(7) of the Local Government, Planning and Land Act 1980 (ways in which information may be published), in paragraph (b) after “Audit Commission Act 1998” insert “ or section 39 of the Public Audit (Wales) Act 2004 ”.

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)

Further Education Act 1985 (c. 47) E+W

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)

4 E+W In section 3(4) of the Further Education Act 1985 (accounting provisions: local education authorities) after “Audit Commission Act 1998” insert “ or section 39 of the Public Audit (Wales) Act 2004 ”.

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)

Housing Associations Act 1985 (c. 69) E+W

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)

5 (1) Section 75 of the Housing Associations Act 1985 (general functions of Relevant Authority) is amended as follows.

(2) In subsection (1), omit paragraph (f).

(3) After subsection (1) insert—

“(1A) The Housing Corporation also has the general function of providing, on request, to such extent as the Housing Corporation considers appropriate, advice and assistance to the Audit Commission for Local Authorities and the National Health Service in England and Wales in relation to the functions of the Commission mentioned in subsection (1B).

(1B) The functions referred to in subsection (1A) are the functions of the Commission under Part 1 of the Local Government Act 1999 (best value), except to the extent that those functions are exercisable in relation to best value authorities in Wales (within the meaning given in that Act).”

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)

Local Government Act 1986 (c. 10) E+W

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)

6 E+W In section 5 of the Local Government Act 1986 (separate account of local authority’s expenditure on publicity), in subsection (4) after “Audit Commission Act 1998” insert “ , section 39(1)(e) of the Public Audit (Wales) Act 2004 ”.

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)

Airports Act 1986 (c. 31) E+W

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)

7 (1) The Airports Act 1986 is amended as follows. E+W

(2) In section 22(5) (audit of accounts of public airport companies) for the words from “the Audit Commission” to the end substitute—

“(a) the Auditor General for Wales, in a case where the company’s controlling authority are—

(i) a county council or county borough council in Wales, or

(ii) a composite authority of which both or all the constituent councils are county councils or county borough councils in Wales;

(b) the Audit Commission for Local Authorities and the National Health Service in England and Wales, in any other case.”.

(3) In section 24(3) (inspection of accounts of councils providing services for public airport companies), in paragraph (a) omit “and Wales” and after that paragraph insert—

“(aa) in Wales, section 29 of the Public Audit (Wales) Act 2004 (rights of inspection) shall apply in relation to any such separate account as it applies in relation to any statement of accounts prepared by the council pursuant to regulations under section 39 of that Act;”.

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)

Local Government Finance Act 1988 (c. 41) E+W

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)

8 E+W In Schedule 8 to the Local Government Finance Act 1988 (non-domestic rating: pooling), in paragraph 5—

(a) in sub-paragraph (6)(c) for the words from “to be certified” to the end substitute “to be certified—

(i) if it is an authority in England, under arrangements made by the Audit Commission for Local Authorities and the National Health Service in England and Wales (“the Commission”), and

(ii) if it is an authority in Wales, under arrangements made by the Auditor General for Wales.”, and

(b) in sub-paragraph (6A), after “The Commission” insert “ or the Auditor General for Wales, as the case may be, ”.

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)

Education Reform Act 1988 (c. 40) E+W

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)

9 (1) Section 124B of the Education Reform Act 1988 (accounts of higher education corporations) is amended as follows. E+W

(2) In subsection (5) for “The corporation” substitute “ A corporation in England ”.

(3) After that subsection insert—

“(5A) A corporation in Wales shall consult, and take into account any advice given by, the Auditor General for Wales before appointing any auditor under subsection (4) above in respect of their first financial year.”

(4) In subsection (6) for “that subsection” substitute “ subsection (4) above ”.

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)

Local Government and Housing Act 1989 (c. 42) E+W

Commencement Information

I20 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)

10 E+W The Local Government and Housing Act 1989 is amended as follows.

Commencement Information

I21 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)

11 E+W In section 65(2) (certification of information supplied to Secretary of State) in paragraph (b) after “arrangements made” insert “ (i) if the authority is in England, ” and at the end insert—

“(ii) if the authority is in Wales, by the Auditor General for Wales.”

Commencement Information

I22 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)

12 (1) Section 70 (requirements for companies under control or subject to influence of local authorities) is amended as follows. E+W

(2) In subsection (2) after “Audit Commission Act 1998” insert “ and Part 2 of the Public Audit (Wales) Act 2004 ”.

(3) In subsection (4) after “Audit Commission Act 1998” insert “ and Part 2 of the Public Audit (Wales) Act 2004 ”.

(4) In subsection (5) after “England and Wales,” insert “ or of the Auditor General for Wales, ”.

Commencement Information

I23 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)

Town and Country Planning Act 1990 (c. 8) E+W

Commencement Information

I24 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)

13 E+W In section 2 of the Town and Country Planning Act 1990 (joint planning boards) for subsection (6A) substitute—

“(6A) Section 241 of the Local Government Act 1972 shall be taken to authorise the application to a joint planning board, by such an order as is mentioned in subsection (6) above, of any provisions mentioned in subsection (6B) below (as well as any provisions of the Local Government Act 1972), subject to any necessary modifications.

(6B) The provisions referred to in subsection (6A) above are—

(a) the Audit Commission Act 1998, except sections 11, 12, 44 to 47 and 51;

(b) Part 2 of the Public Audit (Wales) Act 2004, except sections 25, 26, 46 to 49 and 56.”

Commencement Information

I25 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)

National Health Service and Community Care Act 1990 (c. 19) E+W

Commencement Information

I26 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)

14 E+W F2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 2 para. 14 repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 6, 8(2), Sch. 4 (with Sch. 2 Pt. 1, Sch. 3 Pt. 1)

Commencement Information

I27 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)

Social Security Administration Act 1992 (c. 5) E+W

Commencement Information

I28 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)

15 (1) Section 139D of the Social Security Administration Act 1992 (directions concerning prevention and detection of fraud) is amended as follows. E+W

(2) In subsection (1), after paragraph (b) insert—

“(ba) a copy of a report has been sent to an authority under section 22(5) or (6) of the Public Audit (Wales) Act 2004 and to the Secretary of State under section 51(3) of that Act;”.

(3) In subsection (1)(d) after “Audit Commission Act 1998” insert “ , section 45(5) of the Public Audit (Wales) Act 2004 ”.

Commencement Information

I29 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)

Health Service Commissioners Act 1993 (c. 46) E+W

Commencement Information

I30 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)

16 E+W In Schedule 1A to the Health Service Commissioners Act 1993, omit paragraph 13(5) (co-operation of Auditor General for Wales and Comptroller and Auditor General in connection with examinations in respect of the Health Service Commissioner for Wales).

Commencement Information

I31 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)

Education Act 1997 (c. 44) E+W

Commencement Information

I32 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)

17 E+W The Education Act 1997 is amended as follows.

Commencement Information

I33 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)

18 E+W F3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 2 para. 18 repealed (1.4.2007) by Education and Inspections Act 2006 (c. 40), ss. 184, 188, Sch. 18 Pt. 5; S.I. 2007/935, art. 5(ii)

Commencement Information

I34 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)

19 E+W After that section insert—

“41A Inspections involving collaboration of Auditor General for Wales

(1) If requested to do so by the Chief Inspector, the Auditor General for Wales may assist with any inspection under section 38 of a local education authority in Wales; and subsections (2) to (5) below have effect where the Auditor General for Wales assists with any such inspection.

(2) Section 40 shall apply to the Auditor General for Wales and to any authorised person as it applies to the inspector.

(3) Any information obtained by virtue of section 40 by a person falling within one of the categories mentioned in subsection (4) may be disclosed for the purposes of the inspection, or the preparation or making of the report under section 39(1), to a person falling within the other category.

(4) Those categories are—

(a) the Auditor General for Wales and any authorised person; and

(b) the inspector and any person assisting him.

(5) Any report prepared under section 39(1) shall be prepared by the inspector acting in conjunction with the Auditor General for Wales.

(6) The Auditor General for Wales shall not provide assistance under this section unless, before he does so, the Chief Inspector has agreed to pay the Auditor General for Wales an amount equal to the full costs incurred by the Auditor General for Wales in providing the assistance.

(7) In this section “authorised person” means a person authorised by the Auditor General for Wales for the purposes of this section.”

Commencement Information

I35 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)

Local Government (Contracts) Act 1997 (c. 65) E+W

Commencement Information

I36 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)

20 E+W In section 8(1) of the Local Government (Contracts) Act 1997 (meaning of “audit review”)—

(a) in paragraph (a) after “Audit Commission Act 1998” insert “ or section 32 of the Public Audit (Wales) Act 2004 ”;

(b) in paragraph (b) for “that Act” substitute “ the Audit Commission Act 1998 ”.

Commencement Information

I37 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)

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

Commencement Information

I38 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

I39 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

I40 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

I41 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

I42 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

I43 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

I44 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) F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 ”.

Textual Amendments

F4 Sch. 2 para. 27(2)(b) repealed (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 241, 245, Sch. 18 Pt. 11; S.I. 2008/172, art. 2(1)(u)

Commencement Information

I45 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

I46 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) F5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 ”.

Textual Amendments

F5 Sch. 2 para. 29(2) repealed (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 241, 245, Sch. 18 Pt. 11; S.I. 2008/172, art. 2(1)(u)

Commencement Information

I47 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

I48 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 E+W F6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F6 Sch. 2 para. 31 repealed (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 241, 245, Sch. 18 Pt. 11; S.I. 2008/172, art. 2(1)(u)

Commencement Information

I49 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

I50 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

I51 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

I52 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

I53 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

I54 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

I55 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

I56 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)

School Standards and Framework Act 1998 (c. 31) E+W

Commencement Information

I57 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)

39 E+W The School Standards and Framework Act 1998 is amended as follows.

Commencement Information

I58 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)

40 In section 53 (certification of statements by Audit Commission), in subsection (1) after “local education authority” insert “ in England ”.

Commencement Information

I59 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)

41 E+W After that section insert—

“53A Certification of statements by Auditor General for Wales

(1) A local education authority in Wales shall, if directed to do so by the National Assembly for Wales, require the Auditor General for Wales to make arrangements in accordance with section 96B(1)(d) of the Government of Wales Act 1998 for certifying—

(a) such statement or statements prepared by the authority under section 52 above, or

(b) such part or parts of any such statement or statements,

as may be specified in the directions; and for the purposes of section 96B(1)(d) of that Act any statement under section 52 above shall be regarded as a return by the authority.

(2) The arrangements made by the Auditor General for Wales in pursuance of subsection (1) shall include arrangements for sending to the National Assembly for Wales—

(a) a copy of the statement or statements so certified, or

(b) a copy of the part or parts so certified,

as the case may be.

(3) Directions given under subsection (1) may relate to any local education authority or to local education authorities generally or to any class or description of such authority.”

Commencement Information

I60 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)

Government of Wales Act 1998 (c. 38) E+W

Commencement Information

I61 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)

42 E+W The Government of Wales Act 1998 is amended as follows.

Commencement Information

I62 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)

43 E+W F7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F7 Sch. 2 para. 43 repealed by Government of Wales Act 2006 (c. 32), ss. 163, 161(4)(d), 163, Sch. 12 (with Sch. 11 para. 22), the repealing provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)

Commencement Information

I63 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)

44 E+W Omit section 100(6) (co-operation of Auditor General for Wales and Comptroller and Auditor General with respect to examinations into Assembly’s use of resources etc.).

Commencement Information

I64 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)

45 E+W F8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F8 Sch. 2 para. 45 repealed by Government of Wales Act 2006 (c. 32), ss. 163, 161(4)(d), 163, Sch. 12 (with Sch. 11 para. 22), the repealing provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)

Commencement Information

I65 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)

46 E+W In section 144 (accounts, audit and reports), in subsection (2) for “subject to audit by auditors appointed by the Audit Commission)” substitute “ and audit of NHS bodies) ”.

Commencement Information

I66 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)

47 (1) Section 145 (examination into use of resources) is amended as follows. E+W

(2) Omit subsection (5).

(3) At the end of that section insert—

“(7) This section is without prejudice to the power conferred on the Auditor General for Wales by section 96(3)(b).”

Commencement Information

I67 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)

48 E+W In Schedule 6, omit paragraph 8(5) (co-operation of Auditor General for Wales and Comptroller and Auditor General in connection with examinations in respect of Her Majesty’s Chief Inspector of Education and Training in Wales).

Commencement Information

I68 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)

49 E+W In Schedule 7, omit paragraph 8(5) (co-operation of Auditor General for Wales and Comptroller and Auditor General in connection with examinations in respect of the Forestry Commissioners).

Commencement Information

I69 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)

50 E+W In Schedule 9, omit paragraph 12(5) (co-operation of Auditor General for Wales and Comptroller and Auditor General in connection with examinations in respect of the Welsh Administration Ombudsman).

Commencement Information

I70 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)

51 E+W In Schedule 17, in Part 2 (bodies partially subject to audit etc provisions), after paragraph 14 insert—

“14A A body of trustees appointed in pursuance of section 29(1) of the National Health Service Reorganisation Act 1973 and section 95(1) of the National Health Service Act 1977 for a trust all or most of whose hospitals, establishments and facilities are situated in Wales.”

Commencement Information

I71 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)

Local Government Act 2000 (c. 22) E+W

Commencement Information

I72 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)

52 E+W The Local Government Act 2000 is amended as follows.

Commencement Information

I73 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)

53 (1) Section 49 (principles governing conduct of members of relevant authorities) is amended as follows. E+W

(2) In subsection (4) after paragraph (a) insert—

“(aa) the Auditor General for Wales,”.

(3) In subsection (5)(b) for “Audit Commission” substitute “ Auditor General for Wales ”.

Commencement Information

I74 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)

54 E+W In section 63 (restrictions on disclosure of information), in subsection (1) after paragraph (e) insert—

“(f) the disclosure is made to the Auditor General for Wales for the purposes of any functions of the Auditor General for Wales or an auditor under Part 2 of the Public Audit (Wales) Act 2004”.

Commencement Information

I75 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)

55 (1) Section 82 (code of conduct for local government employees) is amended as follows. E+W

(2) In subsection (5) after paragraph (a) insert—

“(aa) the Auditor General for Wales,”.

(3) In subsection (6)(b) for “Audit Commission” substitute “ Auditor General for Wales ”.

Commencement Information

I76 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)

Health (Wales) Act 2003 (c. 4) E+W

Commencement Information

I77 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)

56 E+W In Schedule 2 to the Health (Wales) Act 2003, omit paragraph 25(4)(co-operation of Auditor General for Wales and Comptroller and Auditor General with respect to examinations in respect of the Wales Centre for Health).

Commencement Information

I78 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)

Health and Social Care (Community Health and Standards) Act 2003 (c. 43) E+W

Commencement Information

I79 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)

57 E+W The Health and Social Care (Community Health and Standards) Act 2003 is amended as follows.

Commencement Information

I80 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)

58 E+W In section 60 (provision of material to Comptroller and Auditor General etc), after subsection (1) insert—

“(1A) The CHAI must also, on request, provide the Auditor General for Wales with all material which is relevant to a review under section 51 and to one or more Welsh NHS bodies.”

Commencement Information

I81 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)

59 E+W After section 69 insert—

“69A Provision of information by Auditor General for Wales

The Auditor General for Wales must, on request, provide the CHAI with any information it may reasonably require for the purpose of making comparisons, in the exercise of its functions under sections 51, 52 and 57, between English NHS bodies and Welsh NHS bodies.”

Commencement Information

I82 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)

60 E+W In section 70 (reviews and investigations by the Assembly relating to provision of health care), after subsection (3) insert—

“(3A) Before conducting a review under this section the Assembly must—

(a) consult the Auditor General for Wales, and

(b) take into account any relevant work done or being done by the Auditor General for Wales.”

Commencement Information

I83 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)

61 E+W After section 145 insert—

“145A Duties in connection with the Auditor General for Wales

(1) The CHAI 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 its functions.

(2) The CHAI must also—

(a) consult the Auditor General for Wales, and

(b) take into account any relevant work done or being done by the Auditor General for Wales,

before exercising its functions under section 51 in relation to a Welsh NHS body.

(3) Subsection (2) does not apply in the case of a review requested by the Secretary of State under section 51(2).”

Commencement Information

I84 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)