Government of Wales Act 1998

Part VIU.K. Reform of Welsh public bodies

The Welsh Development AgencyU.K.

126 Extension of functions.U.K.

(1)Section 1 of the M1Welsh Development Agency Act 1975 (functions of Agency and purposes for which they may be exercised) is amended as follows.

(2)In subsection (2) (purposes for which functions may be exercised)—

(a)in paragraph (a) (furtherance of economic development of Wales or a part of Wales), after “economic” insert “ and social ”, and

(b)in paragraph (b) (promotion of industrial efficiency in Wales), for “industrial efficiency” substitute “ efficiency in business ”.

(3)In subsection (3) (functions)—

(a)in paragraph (a) (promotion of Wales as location of industrial development), for “of industrial development” substitute “ for businesses ”,

(b)in paragraphs (b), (c), (f), (g) and (j) (functions relating to industrial undertakings), for “industrial undertakings” (in each place) substitute “ businesses ”,

(c)in paragraph (d) (promotion etc. of an industry or an undertaking in an industry), for “an industry or any undertaking in an industry” substitute “ businesses, or a particular business or particular businesses ”, and

(d)after that paragraph insert—

“(da)to make land available for development;”.

(4)In subsection (8) (power to make grants not to be used in connection with functions of providing finance for carrying on of industrial undertakings), for “shall not be used in connection with those functions” substitute “ may only be exercised in connection with those functions in accordance with a programme approved by the Secretary of State under subsection (15) below ”.

127 Land acquisition and disposal etc.U.K.

Schedule 13 (amendments of Welsh Development Agency Act 1975 and other enactments for conferring on Welsh Development Agency functions relating to the acquisition of land etc.) has effect.

128 Other amendments.U.K.

Schedule 14 (other amendments relating to Welsh Development Agency) has effect.

The Development Board for Rural WalesU.K.

129 Cessation of functions.U.K.

(1)The functions of the Development Board for Rural Wales shall cease to exist.

(2)Schedule 15 (amendments of enactments relating to that Board in consequence of subsection (1)) has effect.

130 Transfer of property, staff etc. to Welsh Development Agency.U.K.

(1)There shall be transferred to and vest in the Welsh Development Agency by virtue of this subsection all property, rights and liabilities to which the Development Board for Rural Wales is entitled or subject when the functions of that Board cease to exist.

(2)A certificate issued by the Secretary of State that any property has been transferred by subsection (1) shall be conclusive evidence of the transfer.

(3)Subsection (1) has effect in relation to property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by that subsection.

(4)Subsection (1) does not have effect to continue in force any contract of employment; but the Secretary of State may by order make provision for the transfer of staff of the Development Board for Rural Wales.

(5)An order under subsection (4) may make any appropriate consequential, incidental, supplementary or transitional provisions or savings.

131 Transitional provisions.U.K.

(1)Nothing in section 129 or Schedule 15, or in any repeal made by this Act, affects the validity of anything done by or in relation to the Development Board for Rural Wales before its functions cease to exist.

(2)There may be continued by or in relation to the Welsh Development Agency anything (including legal proceedings) which—

(a)relates to any of the functions of the Development Board for Rural Wales or to any property, rights or liabilities transferred by section 130(1), and

(b)is in the process of being done by or in relation to that Board when its functions cease to exist.

(3)Anything which—

(a)was done by the Development Board for Rural Wales for the purpose of or in connection with any of its functions or any property, rights or liabilities transferred by section 130(1), and

(b)is in effect immediately before its functions cease to exist,

shall have effect as if done by the Welsh Development Agency.

(4)The Welsh Development Agency shall be substituted for the Development Board for Rural Wales in any instruments, contracts or legal proceedings which—

(a)relate to any of the functions of that Board or to any property, rights or liabilities transferred by section 130(1), and

(b)are made or commenced before its functions cease to exist.

132 Winding-down.U.K.

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

133 Abolition etc.U.K.

(1)The Development Board for Rural Wales shall cease to exist when the Secretary of State, being satisfied that its duties under section 132 have been discharged, by order so directs.

(2)No amendment or repeal made by this Act or by virtue of subsection (3) affects—

(a)the continuance of the Development Board for Rural Wales for the purpose of exercising its functions under section 132, or

(b)the continued operation for that purpose of any enactment relating to the Development Board for Rural Wales.

(3)The Secretary of State may by order make any consequential, incidental, supplementary or transitional provisions, and any savings, which appear to him to be appropriate in consequence of or otherwise in connection with—

(a)the functions of the Development Board for Rural Wales ceasing to exist under section 129,

(b)the transfer of property, rights and liabilities of that Board by section 130(1),

(c)the abolition of that Board, or

(d)the repeal by this Act of any provision of the M2Development of Rural Wales Act 1976.

(4)An order under subsection (3) may include provisions in the form of amendments or repeals of any of sections 129 to 132, Schedule 15 or any other enactment.

The Land Authority for WalesU.K.

134 Cessation of functions.U.K.

The functions of the Land Authority for Wales shall cease to exist.

135 Consequential amendments.U.K.

(1)The following amendments relating to the Land Authority for Wales have effect in consequence of section 134.

(2)In—

(a)paragraph 1(2)(xxiv) of Schedule 25 to the M3Water Act 1989,

(b)paragraph 1(1)(iv) of Schedule 16 to the M4Electricity Act 1989, and

(c)paragraph 2(1)(xxviii) of Schedule 4 to the M5Gas Act 1995,

(which deem persons to be statutory undertakers for the purposes of certain enactments), for “Parts XII and” substitute “ Part ”.

(3)In section 31(1)(c) of the M6Acquisition of Land Act 1981 (acquisition under certain provisions of statutory undertakers’ land without a certificate), for “said Act of” substitute “ Local Government, Planning and Land Act ”.

136 Transfer of property, staff etc. to Welsh Development Agency.U.K.

(1)There shall be transferred to and vest in the Welsh Development Agency by virtue of this subsection all property, rights and liabilities to which the Land Authority for Wales is entitled or subject when the functions of that Authority cease to exist.

(2)A certificate issued by the Secretary of State that any property has been transferred by subsection (1) shall be conclusive evidence of the transfer.

(3)Subsection (1) has effect in relation to property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by that subsection.

(4)Subsection (1) does not have effect to continue in force any contract of employment; but the Secretary of State may by order make provision for the transfer of staff of the Land Authority for Wales.

(5)An order under subsection (4) may make any appropriate consequential, incidental, supplementary or transitional provisions or savings.

137 Transitional provisions.U.K.

(1)Nothing in section 134 or 135, or in any repeal made by this Act, affects the validity of anything done by or in relation to the Land Authority for Wales before its functions cease to exist.

(2)There may be continued by or in relation to the Welsh Development Agency anything (including legal proceedings) which—

(a)relates to any of the functions of the Land Authority for Wales or to any property, rights or liabilities transferred by section 136(1), and

(b)is in the process of being done by or in relation to that Authority when its functions cease to exist.

(3)Anything which—

(a)was done by the Land Authority for Wales for the purpose of or in connection with any of its functions or any property, rights or liabilities transferred by section 136(1), and

(b)is in effect immediately before its functions cease to exist,

shall have effect as if done by the Welsh Development Agency.

(4)The Welsh Development Agency shall be substituted for the Land Authority for Wales in any instruments, contracts or legal proceedings which—

(a)relate to any of the functions of that Authority or to any property, rights or liabilities transferred by section 136(1), and

(b)are made or commenced before its functions cease to exist.

138 Winding-down.U.K.

F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

139 Abolition etc.U.K.

(1)The Land Authority for Wales shall cease to exist when the Secretary of State, being satisfied that its duties under section 138 have been discharged, by order so directs.

(2)No amendment or repeal made by this Act or by virtue of subsection (3) affects—

(a)the continuance of the Land Authority for Wales for the purpose of exercising its functions under section 138, or

(b)the continued operation for that purpose of any enactment relating to the Land Authority for Wales.

(3)The Secretary of State may by order make any consequential, incidental, supplementary or transitional provisions, and any savings, which appear to him to be appropriate in consequence of or otherwise in connection with—

(a)the functions of the Land Authority for Wales ceasing to exist under section 134,

(b)the transfer of the property, rights and liabilities of that Authority by section 136(1), or

(c)the abolition of that Authority.

(4)An order under subsection (3) may include provisions in the form of amendments or repeals of any of sections 134 to 138 or any other enactment.

Housing for WalesU.K.

140 Transfer of functions, property, staff etc. to Secretary of State.U.K.

(1)The functions of Housing for Wales shall be transferred to the Secretary of State in accordance with the provisions of Schedule 16 which amends the enactments relating to that body for the purpose of—

(a)transferring its functions to the Secretary of State, and

(b)making provision consequential on the transfer.

(2)There shall be transferred to and vest in the Secretary of State for Wales by virtue of this subsection all property, rights and liabilities to which Housing for Wales is entitled or subject when its functions are transferred to the Secretary of State in accordance with the provisions of Schedule 16.

(3)A certificate issued by the Secretary of State that any property has been transferred by subsection (2) shall be conclusive evidence of the transfer.

(4)Subsection (2) has effect in relation to property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would prevent or restrict the transfer of the property, rights or liabilities otherwise than by that subsection.

(5)Subsection (2) does not have effect to continue in force any contract of employment; but the Secretary of State may by order make provision for the transfer of staff of Housing for Wales.

(6)An order under subsection (5) may make any appropriate consequential, incidental, supplementary or transitional provisions or savings.

141 Transitional provisions.U.K.

(1)Nothing in section 140 or Schedule 16, or in any repeal made by this Act, affects the validity of anything done by or in relation to Housing for Wales before its functions are transferred.

(2)There may be continued by or in relation to the Secretary of State for Wales anything (including legal proceedings) which—

(a)relates to any of the functions of Housing for Wales or to any property, rights or liabilities transferred by section 140(2), and

(b)is in the process of being done by or in relation to Housing for Wales when its functions are transferred.

(3)Anything which—

(a)was done by Housing for Wales for the purpose of or in connection with any of its functions or by Housing for Wales or the Housing Corporation for the purpose of or in connection with any property, rights or liabilities transferred by section 140(2), and

(b)is in effect immediately before its functions are transferred,

shall have effect as if done by the Secretary of State for Wales.

(4)The Secretary of State for Wales shall be substituted—

(a)for Housing for Wales in any instruments, contracts or legal proceedings which relate to any of the functions of Housing for Wales and are made or commenced before its functions are transferred, and

(b)for Housing for Wales or the Housing Corporation in any instruments, contracts or legal proceedings which relate to any property, rights or liabilities transferred by section 140(2) and are so made or commenced.

142 Winding-down.U.K.

(1)Housing for Wales shall give to the Secretary of State all the information, prepare all the documents and do all other things which appear to the Secretary of State appropriate for the purpose of facilitating—

(a)the carrying into effect of sections 140, 141 and 143 and Schedule 16, or

(b)the exercise of any functions transferred to the Secretary of State by Schedule 16 or conferred or imposed on him by this section;

and Housing for Wales may do anything else which appears to it appropriate for that purpose.

(2)Housing for Wales shall comply with section 78(1) and (2) (annual reports) and section 97(1) to (3) (accounts) of the M7Housing Associations Act 1985—

(a)in relation to the last financial year ending before its functions are transferred (if it has not done so before then), and

(b)in relation to the period between the end of that financial year and the time when its functions are transferred (to which period those provisions shall apply as if it were a financial year).

(3)As from the time when the functions of Housing for Wales are transferred, the Secretary of State shall make available to Housing for Wales such facilities as it may reasonably require for exercising its functions under this section.

(4)Section 78(3) of the M8Housing Associations Act 1985 (duty of Secretary of State to lay reports before Parliament) shall apply in relation to a report made pursuant to subsection (2).

(5)Section 97(4) of that Act (duty of Secretary of State to prepare accounts) shall, so far as it relates to Housing for Wales, apply in relation to the period between—

(a)the end of the last financial year before its functions are transferred, and

(b)the time when its functions are transferred,

as if it were a financial year.

(6)The Secretary of State may pay to members of Housing for Wales—

(a)any remuneration which he considers appropriate in respect of the performance of their duties as members of Housing for Wales after the time when its functions are transferred, and

(b)any allowances which he determines should be paid to them in respect of expenses properly incurred by them in the performance of those duties after that time.

(7)The Secretary of State may determine that, as from the time when the functions of Housing for Wales are transferred or any later time, the number of members of Housing for Wales shall be reduced to a number which he considers appropriate (and may, accordingly, remove any such members from office).

(8)The Secretary of State shall meet the costs of remunerating auditors and any other costs incurred by Housing for Wales in connection with the exercise of any of its functions under this section.

143 Abolition etc.U.K.

(1)Housing for Wales shall cease to exist when the Secretary of State, being satisfied that its duties under sect125.ion 142 have been discharged, by order so directs.

(2)No amendment or repeal made by this Act or by virtue of subsection (3) affects—

(a)the continuance of Housing for Wales for the purpose of exercising its functions under section 142, or

(b)the continued operation for that purpose of any enactment relating to Housing for Wales.

(3)The Secretary of State may by order make any consequential, incidental, supplementary or transitional provisions, and any savings, which appear to him to be appropriate in consequence of or otherwise in connection with—

(a)the transfer of functions, property, rights and liabilities of Housing for Wales by section 140(1) and (2) and Schedule 16, or

(b)the abolition of Housing for Wales.

(4)An order under subsection (3) may include provisions in the form of amendments or repeals of sections 140 to 142, Schedule 16 or any other enactment.

AccountabilityU.K.

144 Accounts, audit and reports.U.K.

(1)The [F3Welsh Ministers] may by order make provision about—

(a)the accounts of any body specified in Part I or II of Schedule 17,

(b)the audit of any such body’s accounts, or

(c)reports by any such body on its exercise of its functions.

(2)An order under subsection (1) may not make any provision about, or about the audit of, [F4any accounts kept or prepared in pursuance of [F5paragraph 2 or 3 of Schedule 9 to the National Health Service (Wales) Act 2006] (requirement for Welsh NHS bodies to keep accounts or prepare annual accounts)] by any body specified in Part II of Schedule 17.

(3)An order under subsection (1) may include provision imposing, varying or abolishing requirements in respect of any accounts or reports or the audit of any accounts and, in particular, may provide for—

[F6(a)the Permanent Secretary to the Welsh Assembly Government to designate accounting officers and to specify their responsibilities,]

(b)the preparation by a body of accounts extending to financial affairs and transactions of any undertaking (as defined in [F7section 1161(1) of the Companies Act 2006]) of which the body is (or, if it were an undertaking as so defined, would be) a parent undertaking (within the meaning of [F8section 1162] of that Act),

(c)the granting to auditors, and persons considering reports by any auditor or body, of rights of access to documents and of rights to obtain information, explanations and assistance from persons holding or accountable for documents,

(d)the giving of directions by the [F9Welsh Ministers] , and

(e)the publication and public inspection of documents.

[F10(4)The Welsh Ministers may by order make provision for the Permanent Secretary to the Welsh Assembly Government to designate accounting officers of any body specified in Part 3 of Schedule 17 and to specify their responsibilities.

(4A)An order under subsection (1) or (4) may not remove or restrict any function of the Comptroller and Auditor General.]

[F11(5A)A statutory instrument containing an order under subsection (1) or (4), other than an order to which subsection (5B) applies, is subject to annulment in pursuance of a resolution of the Assembly.

(5B)No order to which this subsection applies may be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly.

(5C)Subsection (5B) applies to an order under subsection (1) or (4) which contains provisions in the form of amendments or repeals of enactments contained in an Act of Parliament, Assembly Measure or Act of the Assembly.]

(6)F12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)If requested to do so by the House of Commons Committee of Public Accounts, the Audit Committee may—

(a)on behalf of the Committee of Public Accounts take evidence from a person designated in pursuance of subsection (3)(a) or (4) as an accounting officer of a body specified in Schedule 17, and

(b)report to the Committee of Public Accounts and transmit to that Committee any evidence so taken.

(8)The [F13Welsh Ministers] may by order amend any of the Parts of Schedule 17 by—

(a)adding any public body (other than [F14the National Assembly for Wales Commission,] the Auditor General for Wales, [F15Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru], [F16the Public Services Ombudsman for Wales] , [F17the Wales Centre for Health,][F18the Children’s Commissioner for Wales], [F19the Commissioner for Older People in Wales,]F20. . . a county council, a county borough council or a community council) whose functions relate exclusively to Wales or an area of Wales,

(b)omitting any body, or

(c)altering the description of any body.

[F21(8ZA)No order under subsection (8) may be made unless a draft of the statutory instrument containing it has been laid before, and approved by a resolution of, the Assembly.]

[F22(8A)F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

(9)In this section—

(a)“audit”, in relation to any accounts, includes their examination and certification and reporting on them or on any examination of them, F24. . .

(b)“body” includes office.

[F25(ba) “ Permanent Secretary to the Welsh Assembly Government ” means the person appointed in accordance with section 52 of the Government of Wales Act 2006 to be the head of the staff of the Welsh Assembly Government (whether or not that person is known by the title of Permanent Secretary to the Welsh Assembly Government), ] [F26 and

(c) “ public body ” means—

(i)a body exercising functions of a public nature, or

(ii)a body entirely or substantially funded from public money.]

145 Examinations into use of resources.U.K.

(1)The Auditor General for Wales may carry out examinations into the economy, efficiency and effectiveness with which a body or office specified in Schedule 17 has used its resources in discharging its functions.

(2)Subsection (1) shall not be construed as entitling the Auditor General for Wales to question the merits of the policy objectives of any body or office in respect of which an examination is carried out.

(3)In determining how to exercise his functions under this section, the Auditor General for Wales shall take into account the views of the Audit Committee F27. . . as to the examinations which he should carry out under this section.

(4)The Auditor General for Wales may lay before the Assembly a report of the results of any examination carried out by him under this section.

(5)F28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)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,

before he carries out an examination under section 6 or 7 of the M9National Audit Act 1983 (economy etc. examinations) in respect of a body or office specified in Schedule 17.

[F29(7)This section is without prejudice to the power conferred on the Auditor General for Wales by [F30paragraph 18(3)(b) of Schedule 8 to the Government of Wales Act 2006 (agreement between a person and the Welsh Ministers etc. to permit the Auditor General to carry out an examination into the discharge of functions by that person)] .]

[F31145AStudies for improving economy etc in servicesU.K.

(1)The Auditor General for Wales may undertake or promote studies designed to enable him to make recommendations for improving economy, efficiency and effectiveness in the discharge of the functions of any relevant body or bodies.

(2)The Auditor General for Wales may also undertake or promote other studies relating to the provision of services by any relevant body or bodies.

(3)Subsections (1) and (2) do not entitle the Auditor General for Wales to question the merits of the policy objectives of any relevant body.

(4)In determining how to exercise his functions under this section, the Auditor General for Wales shall take into account the views of the Audit Committee as to the studies which he should undertake or promote under this section.

(5)For the purposes of this section each of the following is a “relevant body”—

[F32(a)a person who prepares accounts or statements of accounts falling to be examined by the Auditor General for Wales in accordance with any provision made by or under this or any other Act;]

(b)any other person (other than a local government body in Wales) in relation to whom, by virtue of provision made by or under this or any other Act, the Auditor General for Wales carries out examinations or studies relating to the economy, efficiency and effectiveness with which that person has used his resources in discharging his functions;

(c)a person (other than a registered social landlord in Wales) in respect of whom the Auditor General for Wales has functions by virtue of provision made under section 146A.

(6)Where the Auditor General for Wales undertakes or promotes a study under this section he may arrange for a report containing—

(a)the results of the study, and

(b)his recommendations (if any),

to be laid before the Assembly.

(7)In this section—

• “local government body in Wales” has the meaning given in section 12(1) of the Public Audit (Wales) Act 2004; and

• “registered social landlord in Wales” has the meaning given in section 146A(2).]

[F33145BStudies at request of educational bodiesU.K.

(1)The Auditor General for Wales may undertake studies designed to enable him to make recommendations for improving economy, efficiency and effectiveness in the discharge of the functions of a body specified in the first column of the Table, if requested to do so by the body (or one of the bodies) specified in relation to it in the second column of the Table.

[F36(1A)The Auditor General for Wales may, if requested to do so by the Training and Development Agency for Schools, undertake studies designed to enable him to make recommendations for improving economy, efficiency and effectiveness in the discharge by the Agency of their functions relating to Wales.]

(2)[F37Subsections (1) and (1A) do] not entitle the Auditor General for Wales to question the merits of the policy objectives of a body.

(3)Where the Auditor General for Wales undertakes a study under subsection (1) [F38or (1A)] he may, with the consent of the body that requested the study, arrange for a report containing—

(a)the results of the study, and

(b)his recommendations (if any),

to be laid before the Assembly.

(4)The Auditor General for Wales may, at the request of the Higher Education Funding Council for Wales, give the council advice in connection with the discharge of the council’s functions under section 124B(2)(b) of the Education Reform Act 1988 or paragraph 18(2)(b) of Schedule 7 to that Act.

(5)The Auditor General for Wales may, at the request of a higher education corporation or further education corporation in Wales—

(a)advise them in connection with the appointment of persons to audit their accounts;

(b)arrange for their accounts for a financial year to be audited by one or more members of the staff of the Auditor General for Wales appointed by the corporation.

(6)In subsection (5)—

(a)“higher education corporation” and “further education corporation” have the same meaning as in the Further and Higher Education Act 1992;

(b)references to the accounts of a higher education corporation include references to a statement of accounts prepared by the corporation under section 124B of the Education Reform Act 1988 or paragraph 18 of Schedule 7 to that Act.

(7)This section must be construed as one with the Education Act 1996; and references in any enactment to the Education Acts include this section.]

[F39145CStudies relating to registered social landlordsU.K.

(1)The [F40Welsh Ministers] and the Auditor General for Wales may agree on one or more programmes of studies designed to enable the Auditor General for Wales to make recommendations for improving economy, efficiency and effectiveness in the discharge of the functions of registered social landlords in Wales.

(2)If a programme is agreed, the Auditor General for Wales shall ensure that studies giving effect to the programme are undertaken by him or on his behalf.

(3)It shall be a term of every such programme that the [F41Welsh Ministers] make good to the Auditor General for Wales the full costs incurred by him in undertaking the programme.

(4)This section does not entitle the Auditor General for Wales to question the merits of the policy objectives of a registered social landlord in Wales.

(5)Where a study is undertaken under this section by the Auditor General for Wales or on his behalf, he may arrange for a report containing—

(a)the results of the study, and

(b)his recommendations (if any),

to be laid before the Assembly.

(6)A person commits an offence if without reasonable excuse he fails to comply with a requirement imposed under [F42paragraph 17(3)(a) or (b) of Schedule 8 to the Government of Wales Act 2006 (requirement to give assistance, information or explanation to the Auditor General for Wales)] in relation to a study under this section.

(7)A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(8)The Auditor General for Wales may disclose to the [F43Welsh Ministers] information obtained by him or a person acting on his behalf in the course of a study under this section.

(9)“Registered social landlord in Wales” means a body which is—

(a)registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996, and

(b)mentioned in any of paragraphs (a) to (c) of section 56(2) of that Act.]

[F44145DAdvice and assistance for registered social landlordsE+W

(1)The Auditor General for Wales may, if he thinks it appropriate to do so, provide advice or assistance to a registered social landlord in Wales for the purpose of the exercise by the registered social landlord of its functions.

(2)Advice or assistance under this section may be provided on such terms and conditions, including conditions as to payment, as the Auditor General for Wales thinks fit.

(3)This section has effect without prejudice to paragraph 21 of Schedule 8 to the Government of Wales Act 2006 (arrangements between Auditor General for Wales and certain bodies).

(4)In this section, “registered social landlord in Wales” means a body which is—

(a)registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996, and

(b)mentioned in any of paragraphs (a) to (c) of section 56(2) of that Act.]

146 Transfer etc. of functions of Comptroller and Auditor General.U.K.

(1)The Secretary of State may by order provide for any function of the Comptroller and Auditor General, so far as relating to a body or office falling within subsection (2), to be transferred to, or become a function also of, the Auditor General for Wales.

(2)The bodies and offices falling within this subsection are—

(a)any body or office specified in Schedule 17, and

(b)any body or office (other than one specified in Schedule 17) whose functions relate exclusively to Wales or an area of Wales (but not the Auditor General for Wales, [F45Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru], [F46the Public Services Ombudsman for Wales] , F47. . . a county council, a county borough council or a community council).

(3)An order under subsection (1) may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings (including provisions in the form of amendments or repeals of enactments).

(4)An Order in Council under section [F4858 of the Government of Wales Act 2006] may include any provision that may be included in an order under subsection (1).

[F50146ATransfer etc of functions of [F49Welsh Ministers]U.K.

(1)The [F51Welsh Ministers] may, with the consent of the Auditor General for Wales, by order provide for any of [F52their] supervisory functions in respect of a public body or a registered social landlord in Wales—

(a)to be exercised on [F52their] behalf by the Auditor General for Wales, or

(b)to be transferred to the Auditor General for Wales.

(2)In this section—

• “public body” means—

  (a)

  a body exercising functions of a public nature, or

  (b)

  a body entirely or substantially funded from public money,

  (and for this purpose “body” includes office);

• “registered social landlord in Wales” means a body which is—

  (a)

  registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996, and

  (b)

  mentioned in any of paragraphs (a) to (c) of section 56(2) of that Act;

• “supervisory functions”, in respect of a public body or a registered social landlord in Wales, means functions of examining, inspecting, reviewing or studying the financial or other management of the public body or registered social landlord or the way in which it discharges any of its functions.

(3)The [F53Welsh Ministers] may direct the Auditor General for Wales to prepare a report on his exercise, generally or in respect of a specific body or matter, of any function transferred to him by an order under subsection (1)(b).

(4)The Auditor General for Wales must lay before the Assembly any report prepared by him in accordance with a direction under subsection (3).

(5)An order under subsection (1) may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings (including provisions in the form of amendments or repeals of enactments).

[F54(6)No order under subsection (1) may be made unless a draft of the statutory instrument containing it has been laid before, and approved by resolution of, the Assembly.]]

147 Environment Agency.U.K.

(1)The Secretary of State may by order—

(a)make provision for any function of the Comptroller and Auditor General relating to the Environment Agency to become a function also of the Auditor General for Wales so far as it relates to any of the Agency’s Welsh functions or to any funding provided to the Agency by the [F55Welsh Ministers] , or

(b)make provision about reports to the Assembly by the Environment Agency on the Agency’s activities in exercise of its Welsh functions (including provision for the giving of directions by the Assembly about such reports).

(2)An order under subsection (1) may contain any appropriate consequential, incidental, supplementary or transitional provisions or savings (including provisions in the form of amendments or repeals of enactments).

(3)An Order in Council under section [F5658 of the Government of Wales Act 2006] may include any provision that may be included in an order under subsection (1).

(4)In this section references to the Environment Agency’s Welsh functions are to its functions so far as exercisable in relation to Wales or to a cross-border body, or an English border area, in relation to which environmental functions of the [F57Welsh Ministers] are exercisable; and “environmental functions of the [F57Welsh Ministers]” means functions of the [F57Welsh Ministers] in a field in which the Environment Agency also has functions.

MiscellaneousU.K.

148 Health Authorities.U.K.

F58. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

149 Agricultural wages committees.U.K.

In section 2 of the M10Agricultural Wages Act 1948 (agricultural wages committees for counties and combinations of counties), in the proviso to subsection (1) (exceptions to proposition that there be one committee for each county in England and Wales), at the end insert “and

(c)there may, if the Minister thinks it expedient, be established as aforesaid a committee for the combination of all the counties in Wales instead of separate committees for counties or combinations of counties in Wales.”

150 Abolition of Residuary Body for Wales.U.K.

(1)Paragraph 18 of Schedule 13 to the M11Local Government (Wales) Act 1994 (provisions for winding up of Residuary Body for Wales) is amended as follows.

(2)In sub-paragraph (2) (meaning of “the transitional period” within which the Residuary Body must try to complete its work and at the end of which it is to be wound up), for “period of five years beginning with the establishment of the Residuary Body” substitute “ period beginning with the establishment of the Residuary Body and ending with 31st March 1999 ”.

(3)Omit—

(a)in sub-paragraph (3), “Subject to sub-paragraph (4),”, and

(b)sub-paragraph (4),

(under which the Secretary of State may specify a period longer than the transitional period as the period at the end of which the Residuary Body is to be wound up).

(4)For sub-paragraphs (5) to (7) (duty of Residuary Body to submit scheme for its winding up and to make arrangements for transfers etc. and power of Secretary of State to make orders) substitute—

“(5)The Residuary Body shall, before the end of the period of three months beginning with the day on which the Government of Wales Act 1998 is passed, submit to the Secretary of State a scheme for the winding up of the Residuary Body.

(6)The scheme shall include in relation to the Residuary Body’s remaining functions, property, rights and liabilities—

(a)a statement of arrangements made by the Residuary Body for their transfer by the Residuary Body to another body or bodies,

(b)proposals for their transfer by the Secretary of State to another body or bodies, or

(c)such a statement in relation to some of them and such proposals in relation to the rest.

(7)The Secretary of State may by order make provision for giving effect to the scheme (with or without modifications) and for the transfer of functions, property, rights and liabilities of the Residuary Body to another body or bodies (whether or not as proposed in the scheme).”