Budget Responsibility and National Audit Act 2011

Section 27

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

Introductory

1 In this Schedule “GOWA 2006” means the Government of Wales Act 2006.

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.”

Acts of the Assembly

5 Schedule 7 to GOWA 2006 (Acts of the Assembly) is amended as follows.

6 In Part 1 (subjects), in paragraph 14 (public administration), after “Public Services Ombudsman for Wales.” insert “Auditor General for Wales.”

7 (1) Part 2 (general restrictions) is amended as follows.

(2) In paragraph 2 (restrictions on modifying enactments other than GOWA 2006), after sub-paragraph (2) insert—

“(3) 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 (4) applies.

(4) This sub-paragraph applies to a provision of an Act of the Assembly which—

(a) is a provision relating to the oversight or supervision of the Auditor General or of the exercise of the Auditor General’s functions,

(b) provides for the enforcement of a provision falling within paragraph (a) 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 5 (restrictions on amending GOWA 2006)—

(a) in sub-paragraph (2), at the end insert—

“(c) any provision of Schedule 8, other than paragraphs 1(1) to (3), 2(2) to (4) and 3.”, and

(b) after sub-paragraph (3) insert—

“(4) Sub-paragraph (1) does not apply in relation to a provision to which paragraph 2(4) applies.

(5) But, subject to sub-paragraph (6), a provision to which paragraph 2(4) 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.”