5.—(1) This article applies where the Audit Commission, or an auditor appointed by it under section 3 of the Audit Commission Act 1998(1), has received, at any time before the transfer date, fees for work to be undertaken by it or him in exercise of a function under Part 2 of the Audit Commission Act 1998 or Part 1 of the Local Government Act 1999 (2), for —
(a)a person which, had the provisions of section 12 of the Act been in force at the relevant time, would have been a local government body in Wales for the purposes of the Act; or
(b)a person which, had the provisions of section 60 of the Act been in force at the relevant time, would have been a Welsh NHS body for the purposes of the Act.
(2) In this article, “the excess fees” means such proportion of any fees mentioned in paragraph (1) as represents the value of work which has not been completed by the transfer date.
(3) The Audit Commission shall transfer to the Auditor General for Wales —
(a)on 19th April 2005, a sum representing 80% of its estimate of the total amount of the excess fees; and,
(b)on or before 30th June 2005, the balance of the excess fees.