SCHEDULES

SCHEDULE 6Powers of National Assembly for Wales: Auditor General for Wales

Assembly Measures

2

Schedule 5 to GOWA 2006 (Assembly Measures) is amended as follows.

3

In Part 1 (matters), under Field 14 (public administration) insert—

Matter 14.1 The following provision relating to the Auditor General—

a

the following aspects of the Auditor General's terms of appointment—

i

the period of the appointment;

ii

salary, allowances and superannuation benefits;

iii

pensions and gratuities payable after a person has ceased to be Auditor General;

b

the number of times a person may be appointed as Auditor General;

c

restrictions on the other offices and positions which may be held by the Auditor General;

d

activities of a person who has been (but no longer is) Auditor General;

e

provision requiring the Auditor General—

i

to aim to do things efficiently and cost-effectively;

ii

to have regard, as the Auditor General considers appropriate, to the standards and principles that an expert professional provider of accounting or auditing services would be expected to follow;

f

the authorisation of persons to exercise functions of the Auditor General on the Auditor General's behalf (including during a vacancy in the office);

g

the oversight or supervision of the Auditor General or of the exercise of the Auditor General's functions;

h

the provision or use of resources for the purposes of the Auditor General's functions including (in particular)—

i

the employment and use of staff;

ii

the procurement and use of services;

iii

the holding of documents or information;

iv

the keeping of records;

i

the charging of fees or other amounts in relation to functions of—

i

the Auditor General, or

ii

auditors appointed by the Auditor General under an enactment;

j

the restatement of any law relating to the Auditor General.

4

1

Part 2 (exceptions to matters and general restrictions) is amended as follows.

2

In paragraph 3 (restrictions on modifying enactments other than GOWA 2006)—

a

the existing provision is renumbered as sub-paragraph (1), and

b

after that sub-paragraph insert—

2

Sub-paragraph (1), so far as it applies in relation to sections 145, 145A and 146A(1) of the Government of Wales Act 1998, does not apply to a provision to which sub-paragraph (3) applies.

3

This sub-paragraph applies to a provision of an Assembly Measure which—

a

is a provision relating to matter 14.1,

b

provides for the enforcement of a provision relating to matter 14.1 or is otherwise appropriate for making such a provision effective, or

c

is otherwise incidental to, or consequential on, such a provision.

3

In paragraph 6 (restrictions on amending GOWA 2006), after sub-paragraph (3) insert—

4

Sub-paragraph (1) does not apply in relation to any provision to which paragraph 3(3) applies.

5

But, subject to sub-paragraph (6), a provision to which paragraph 3(3) applies cannot modify, or confer power by subordinate legislation to modify, paragraph 3 of Schedule 8.

6

Sub-paragraph (5) does not prevent the conferral of functions on a committee of the Assembly that—

a

does not consist of or include any of the following persons—

i

the First Minister or any person designated to exercise functions of the First Minister,

ii

a Welsh Minister appointed under section 48,

iii

the Counsel General or any person designated to exercise the functions of the Counsel General, or

iv

a Deputy Welsh Minister, and

b

is not chaired by an Assembly member who is a member of a political group with an executive role.