Budget Responsibility and National Audit Act 2011

Acts of the AssemblyU.K.

5U.K.Schedule 7 to GOWA 2006 (Acts of the Assembly) is amended as follows.

6U.K.In Part 1 (subjects), in paragraph 14 (public administration), after “Public Services Ombudsman for Wales.” insert “ Auditor General for Wales. ”

7(1)Part 2 (general restrictions) is amended as follows.U.K.

(2)In paragraph 2 (restrictions on modifying enactments other than GOWA 2006), after sub-paragraph (2) insert—

(3)Sub-paragraph (1), so far as it applies in relation to sections 145, 145A and 146A(1) of the Government of Wales Act 1998, does not apply to a provision to which sub-paragraph (4) applies.

(4)This sub-paragraph applies to a provision of an Act of the Assembly which—

(a)is a provision relating to the oversight or supervision of the Auditor General or of the exercise of the Auditor General's functions,

(b)provides for the enforcement of a provision falling within paragraph (a) or is otherwise appropriate for making such a provision effective, or

(c)is otherwise incidental to, or consequential on, such a provision.

(3)In paragraph 5 (restrictions on amending GOWA 2006)—

(a)in sub-paragraph (2), at the end insert—

(c)any provision of Schedule 8, other than paragraphs 1(1) to (3), 2(2) to (4) and 3., and

(b)after sub-paragraph (3) insert—

(4)Sub-paragraph (1) does not apply in relation to a provision to which paragraph 2(4) applies.

(5)But, subject to sub-paragraph (6), a provision to which paragraph 2(4) applies cannot modify, or confer power by subordinate legislation to modify, paragraph 3 of Schedule 8.

(6)Sub-paragraph (5) does not prevent the conferral of functions on a committee of the Assembly that—

(a)does not consist of or include any of the following persons—

(i)the First Minister or any person designated to exercise functions of the First Minister,

(ii)a Welsh Minister appointed under section 48,

(iii)the Counsel General or any person designated to exercise the functions of the Counsel General, or

(iv)a Deputy Welsh Minister, and

(b)is not chaired by an Assembly member who is a member of a political group with an executive role.