Part II Economy, Efficiency and Effectiveness Examinations

C2C3C4C58 Right to obtain documents and information. C1

1

Subject to subsection (2) below F1and except in relation to an examination under section 6 above in respect of the Welsh Ministers or the National Assembly for Wales Commission , the Comptroller and Auditor General shall have a right of access at all reasonable times to all such documents as he may reasonably require for carrying out any examination under section 6 F4 , 7 or 7ZA above and shall be entitled to require from any person holding or accountable for any such document such information and explanation as are reasonably necessary for that purpose.

2

F5 In the case of an examination under section 6 or 7,Subsection (1) above applies only to documents in the custody or under the control of F6 —

a

the department, authority or body to which the examination relatesF7, or

b

where the examination relates in whole or in part to the use of resources by the department, authority or body to fund a relevant authority, that relevant authority.

F32A

In the case of an examination under section 7ZA, subsection (1) applies only to documents in the custody or under the control of—

a

a relevant authority to which the examination relates, or

b

where the examination is undertaken for a purpose within section 7ZA(3)(a), a department to which section 6 applies and which funds a relevant authority to which the examination relates.

F23

For the purpose of enabling an examination under section 6 above to be carried out in respect of the Welsh Ministers or the National Assembly for Wales Commission the Comptroller and Auditor General—

a

shall have a right of access at all reasonable times to all such documents in the custody or under the control of any of the persons mentioned in subsection (4) below as may be reasonably required for that purpose, and

b

shall be entitled to require from any person holding or accountable for any of those documents such information and explanation as are reasonably necessary for that purpose.

4

The persons referred to in subsection (3)(a) above are—

a

the Welsh Ministers,

b

the National Assembly for Wales Commission,

c

any other person audited by the Auditor General for Wales other than a Welsh NHS body (within the meaning given in section 60 of the Public Audit (Wales) Act 2004 (c. 23)), and

d

the Auditor General for Wales.

5

Before acting in reliance on subsection (3) above the Comptroller and Auditor General shall—

a

consult the Auditor General for Wales, and

b

take into account any relevant work done or being done by the Auditor General for Wales.