Part 2Local government bodies in Wales

Chapter 1Accounts and audit

Prevention of unlawful expenditure etc

36Power of auditor to make a claim for judicial review

1

An auditor appointed to audit accounts of a localgovernment body in Wales may make a claim for judicial review with respect to a decision of the body or a failure of the body to act, if it is reasonable to believe that the decision or failure to act would have an effect on the body’s accounts.

2

Subsection (1) is subject to section 31(3) of the Supreme Court Act 1981 (c. 54) (no claim for judicial review without permission of court).

3

The existence of the powers conferred on an auditor under this Part is not a ground for refusing—

a

a claim falling within subsection (1), or

b

an application for permission to make a claim falling within subsection (1).

4

On a claim by an auditor for judicial review with respect to a decision of a body or a failure of a body to act, the court may make any order it thinks fit for the payment by the body of expenses incurred by the auditor in connection with the claim.