Public Audit (Wales) Act 2004

Part 4E+WMiscellaneous and general

MiscellaneousE+W

65Public bodies subject to audit etcE+W

(1)The Government of Wales Act 1998 is amended as follows.

(2)F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In subsection (9) of that section, after paragraph (b) add “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.”

(4)In Schedule 17, in Part 1 (bodies subject generally to audit etc provisions), in paragraph 1 omit “(other than the Care Council for Wales)”.

66Minor and consequential amendmentsE+W

Schedule 2 (which makes minor and consequential amendments) has effect.

67Functions transferred to AssemblyE+W

(1)Any reference in Schedule 1 to the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I.1999/672) to an enactment amended by this Act is to be treated as a reference to that enactment as amended by this Act.

(2)Subsection (1) does not affect the power to make further Orders varying or omitting those references.

[F267AAssistance by Auditor General to inspectoratesE+W

(1)The Auditor General for Wales may provide assistance to—

(a)Her Majesty's Chief Inspector of Prisons,

(b)Her Majesty's Inspectors of Constabulary,

(c)Her Majesty's Chief Inspector of the Crown Prosecution Service,

(d)[F3Her Majesty's Inspectorate of Probation for England and Wales],

F4( e ). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

in the discharge of any of their functions.

(2)Assistance under subsection (1) may be provided on such terms, including terms as to payment, as [F5the Wales Audit Office] and the body or person in question may agree[F6, but any terms as to payment agreed by the Wales Audit Office must be made in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013].

[F7(3)Any sums charged in relation to assistance provided under this section may not exceed the full cost of providing that assistance.]]

[F867BProtection from defamation claimsE+W

For the purposes of the law of defamation, the publication in a communication between the Auditor General for Wales or the Wales Audit Office and the Public Services Ombudsman for Wales of a matter in connection with a joint investigation conducted under section 68(2) of the Public Services Ombudsman (Wales) Act 2019, is absolutely privileged.]

Transitional provisionE+W

68 [F9 Transfer of property etc to Wales Audit Office ] E+W

(1)Any property, rights and liabilities which are the subject of a transfer scheme are to be transferred to and vested in the [F10Wales Audit Office] in accordance with the scheme.

(2)For this purpose “a transfer scheme” means a scheme contained in an order made under paragraph 1 of Schedule 3.

(3)Schedule 3 (which makes provision about schemes for the transfer of property etc) has effect.

F1169Local government bodies in WalesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1170Welsh NHS bodiesE+W

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

GeneralE+W

71InterpretationE+W

In this Act—

• “the Assembly” means the National Assembly for Wales;

• “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England F12. . . ;

• “body” includes office;

• “financial year” means the 12 months ending with 31 March.

72RepealsE+W

The enactments mentioned in Schedule 4 are repealed to the extent specified.

73CommencementE+W

(1)The preceding provisions (and the Schedules), except section 71, come into force in accordance with provision made by the Assembly by order.

(2)The power to make orders under subsection (1) is exercisable by statutory instrument.

(3)Orders under subsection (1)—

(a)may include transitional provision or savings;

(b)may make different provision for different purposes.

74ExtentE+W

(1)The amendment or repeal of a provision by this Act has the same extent as the provision amended or repealed.

(2)Subject to that, this Act extends to England and Wales only.

75Short titleE+W

This Act may be cited as the Public Audit (Wales) Act 2004.