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Public Audit (Wales) Act 2004
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36Power of auditor to make a claim for judicial reviewE+W
This section has no associated Explanatory Notes
(1)[F1The Auditor General for Wales] may make a claim for judicial review with respect to a decision of [F2a local government body in Wales] 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 [F3Senior Courts Act 1981] (no claim for judicial review without permission of court).
(3)The existence of the powers conferred on [F4the Auditor General for Wales] 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 [F5the Auditor General for Wales] 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 [F6the Auditor General for Wales or the Wales Audit Office] in connection with the claim.
Textual Amendments
F1Words in s. 36(1) substituted (1.4.2014) by Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 41(2)(a) (with Sch. 3 paras. 2, 3); S.I. 2013/1466, art. 3(1)
F2Words in s. 36(1) substituted (1.4.2014) by Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 41(2)(b) (with Sch. 3 paras. 2, 3); S.I. 2013/1466, art. 3(1)
F3Words in s. 36(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 1(2); S.I. 2009/1604, art. 2
F4Words in s. 36(3) substituted (1.4.2014) by Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 41(3) (with Sch. 3 paras. 2, 3); S.I. 2013/1466, art. 3(1)
F5Words in s. 36(4) substituted (1.4.2014) by Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 41(4)(a) (with Sch. 3 paras. 2, 3); S.I. 2013/1466, art. 3(1)
F6Words in s. 36(4) substituted (1.4.2014) by Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 41(4)(b) (with Sch. 3 paras. 2, 3); S.I. 2013/1466, art. 3(1)
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