SCHEDULES

SCHEDULE 12Related amendments

Local Democracy, Economic Development and Construction Act 2009 (c. 20)

I1797

Chapter 3 of Part 2 of the Local Democracy, Economic Development and Construction Act 2009 (audit of entities connected with local authorities) is amended as follows.

I198

1

Section 36 (overview of Chapter) is amended as follows.

2

In subsection (1)—

a

for “an audit authority” substitute “ the Auditor General for Wales ”, and

b

omit “English or”.

3

Omit subsections (2) and (4).

4

In subsection (6)(b) omit “section 27 of the Audit Commission Act 1998 (c. 18) or”.

I299

In section 37 (notification duties of local authorities) omit subsection (1).

I3100

1

Section 38 (power to appoint auditor) is amended as follows.

2

In subsection (1), for “an audit authority” substitute “ the Auditor General for Wales ”.

3

In subsection (3)(b)(ii)—

a

for “audit authority” substitute “ Auditor General for Wales ”, and

b

for “37(1)(a) or (2)(a)” substitute “ 37(2)(a) ”.

4

Omit subsection (4).

5

In subsection (6), for “appointing audit authority” substitute “ Auditor General for Wales ”.

6

Omit subsection (7).

7

In subsection (8), for “appointing audit authority” substitute “ Auditor General for Wales ”.

I4101

1

Section 39 (power to appoint replacement auditor) is amended as follows.

2

In subsection (1) for “an audit authority” substitute “ the Auditor General for Wales ”.

3

For the remaining references to “audit authority” substitute “ Auditor General for Wales ”.

I5102

1

Section 40 (exclusions from power to appoint auditor) is amended as follows.

2

In subsection (1), for “An audit authority” substitute “ The Auditor General for Wales ”.

3

In each of subsections (2) to (4), for “appointing audit authority” substitute “ Auditor General for Wales ”.

4

In subsection (5) for “audit authority” substitute “ Auditor General for Wales ”.

I6103

In section 41(1) (persons who may be appointed as auditor)—

a

in paragraph (a), for “appointing audit authority” substitute “ Auditor General for Wales ”, and

b

in paragraph (b), for “that authority” substitute “ the Auditor General for Wales ”.

I7104

1

Section 42 (terms of appointment of auditor) is amended as follows.

2

In subsection (5), for “appointing audit authority” substitute “ Auditor General for Wales ”.

3

Omit subsection (6).

I8105

1

Section 43 (right of entity to appoint auditor to conduct statutory audit) is amended as follows.

2

In each of subsections (3), (5) and (7), for “audit authority” substitute “ Auditor General for Wales ”.

3

In subsection (8)—

a

for “an audit authority” substitute “ the Auditor General for Wales ”,

b

in paragraph (a), for “audit authority” substitute “ Auditor General for Wales ”, and

c

for paragraph (b) substitute—

b

the Welsh Ministers.

I9106

In section 44(5)(b) (functions of auditor not appointed to conduct statutory audit: duty to send report to appointing audit authority), for “appointing audit authority” substitute “ Auditor General for Wales ”.

I10107

In section 45(4)(b) (duty of auditor to send public interest report to audit authority), for “audit authority” substitute “ Auditor General for Wales ”.

I11108

In section 46 (codes of practice) omit subsections (1) to (3).

I12109

1

Section 50 (fees for appointment of auditor) is amended as follows.

2

Omit subsection (1).

3

In subsection (3), for “Audit Commission or the Wales Audit Office (as the case may be)” substitute “ Wales Audit Office ”.

4

Omit subsection (4).

5

In subsection (5)—

a

omit “(4) or”, and

b

for “Audit Commission or the Wales Audit Office (as the case may be)” substitute “ Wales Audit Office ”.

6

In subsection (6), for “Audit Commission or the Wales Audit Office (as the case may be)” substitute “ Wales Audit Office ”.

7

Omit subsections (8) and (9).

8

In subsection (12)—

a

for “Audit Commission or the Wales Audit Office (as the case may be)” in each place it occurs substitute “ Wales Audit Office ”, and

b

for “(4) or (4A) (as the case may be)” substitute “ (4A) ”.

I13110

1

Section 51 (power of audit authority to require information) is amended as follows.

2

In the heading, for “audit authority” substitute “ Auditor General for Wales ”.

3

In subsection (1)—

a

for “appointing audit authority” substitute “ Auditor General for Wales ”, and

b

for “it” substitute “ the Auditor General for Wales ”.

4

In subsection (2)—

a

for “an audit authority” substitute “ the Auditor General for Wales ”, and

b

for “authority” substitute “ Auditor General for Wales ”.

I14111

Omit section 52 (subsidiaries of Passenger Transport Executives).

I15112

1

Section 53 (regulations) is amended as follows.

2

In subsection (1), for “36(4)(b) or (5)(b)” substitute “ 36(5)(b) ”.

3

Omit subsection (4).

4

In subsection (5) omit “made by the Welsh Ministers”.

I16113

In section 54(1) (interpretation) omit the definitions of “audit authority”, “Audit Commission” and “qualifying English local authority entity”.