Law

Government of Wales Act 1998

United Kingdom · statute

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In force since 2026-04-01, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 191 provisions
  1. Title and introductory text
  2. 1 The Assembly.
  3. 2 Membership.
  4. 3 Time of ordinary elections.
  5. 4 Voting at ordinary elections.
  6. 5 Party lists and individual candidates.
  7. 6 Calculation of electoral region figures.
  8. 7 Return of electoral region members.
  9. 8 Constituency seats.
  10. 9 Electoral region seats.
  11. 10 Entitlement to vote.
  12. 11 Power to make provision about elections etc.
  13. 12 Disqualification from being Assembly member.
  14. 13 Exceptions and relief from disqualification.
  15. 14 Effect of disqualification.
  16. 15 Judicial proceedings as to disqualification.
  17. 16 Salaries and allowances.
  18. 17 Limit on salaries of members of other public bodies.
  19. 18 Pensions etc.
  20. 19 Publication of information about remuneration paid.
  21. 20 Oath or affirmation of allegiance.
  22. 21 Introductory.
  23. 22 Transfer of Ministerial functions.
  24. 23 General transfer of property, rights and liabilities etc.
  25. 24 General transfer: supplementary.
  26. 25 Power to make specific transfers etc.
  27. 26 Transfers of property: supplementary.
  28. 27 Reform of Welsh health authorities.
  29. 28 Reform of other Welsh public bodies.
  30. 29 Implementation of Community law.
  31. 30 Consultation about public appointments.
  32. 31 Consultation about government’s legislative programme.
  33. 32 Support of culture etc.
  34. 33 Consideration of matters affecting Wales.
  35. 34 Staff.
  36. 34A Assistance to groups of Assembly members.
  37. 35 Inquiries.
  38. 36 Polls for ascertaining views of the public.
  39. 37 Private bills.
  40. 38 Legal proceedings.
  41. 39 Contracts.
  42. 40 Supplementary powers.
  43. 41 Agency arrangements and provision of services.
  44. 41A Co-operation with the Auditor General for Wales
  45. 42 Different exercise of functions by Assembly.
  46. 43 Construction of references to Ministers and departments.
  47. 44 Parliamentary procedures for subordinate legislation.
  48. 45 Laying of reports and statements.
  49. 46 Regulation of procedure.
  50. 47 Equal treatment of English and Welsh languages.
  51. 48 Equal opportunities in conduct of business.
  52. 49 First meeting.
  53. 50 First standing orders.
  54. 51 The Commissioners.
  55. 52 Presiding officer and deputy.
  56. 53 Assembly First Secretary and Assembly Secretaries.
  57. 54 Committees.
  58. 55 Sub-committees.
  59. 56 Executive committee.
  60. 57 Subject committees.
  61. 58 Subordinate legislation scrutiny committee.
  62. 59 Members of scrutiny committee etc.
  63. 60 Audit Committee.
  64. 61 Regional committees.
  65. 62 Delegation of functions.
  66. 63 Exercise of functions by Assembly staff.
  67. 64 Standing orders to provide procedures.
  68. 65 Regulatory appraisals.
  69. 66 Making of Assembly general subordinate legislation.
  70. 67 Disapplication of procedural requirements.
  71. 68 Financial initiative.
  72. 69 Preservation of order.
  73. 70 Openness.
  74. 71 Participation of Assembly members.
  75. 72 Integrity.
  76. 73 Publication.
  77. 74 Power to require attendance and production of documents.
  78. 75 Witnesses and documents: supplementary.
  79. 76 Attendance of Secretary of State for Wales.
  80. 77 Defamation.
  81. 78 Contempt of court.
  82. 79 Corrupt practices.
  83. 80 Grants to Assembly.
  84. 81 Statement of estimated payments etc.
  85. 82 Loans to Assembly by Secretary of State.
  86. 83 Accounts relating to loans under section 82.
  87. 84 Destination of receipts etc.
  88. 85 Expenditure by Assembly.
  89. 86 Statement of proposed expenditure etc.
  90. 87 National Loans Fund lending.
  91. 88 Accounts relating to funds paid to Assembly for lending.
  92. 89 Source of sums paid by Assembly.
  93. 90 Auditor General for Wales.
  94. 91 Remuneration.
  95. 92 Staff etc.
  96. 93 Expenses and accounts.
  97. 93A Fees
  98. 94 Audit of Auditor General’s accounts.
  99. 94A Accounting officer
  100. 95 Access to documents by Auditor General
  101. 96 Auditor General for Wales: miscellaneous.
  102. 96A Reports in public interest
  103. 96B Certification of claims, returns etc.
  104. 96C Ancillary powers of Auditor General
  105. 97 Preparation and audit of Assembly’s annual accounts.
  106. 98 Accounting officers.
  107. 99 Accounts of Assembly subsidiaries etc.
  108. 100 Examinations into Assembly’s use of resources.
  109. 101 Examinations by Comptroller and Auditor General.
  110. 101A Whole of Government of Wales accounts.
  111. 102 Audit Committee reports.
  112. 103 Publication of accounts and audit reports etc.
  113. 104 Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru.
  114. 105 Forestry Commissioners.
  115. 106 Community law.
  116. 107 Human rights.
  117. 108 International obligations.
  118. 109 Resolution of devolution issues.
  119. 110 Power to vary retrospective decisions.
  120. 111 Welsh Administration Ombudsman.
  121. 112 Amendments of Health Service Commissioners Act 1993.
  122. 113 Relations with local government.
  123. 114 Relations with voluntary organisations.
  124. 115 Consultation with business.
  125. 116 Status of Welsh public records.
  126. 117 Transfer of responsibility.
  127. 118 Meaning of “Welsh public records”.
  128. 119 Publication and inspection of documents.
  129. 120 Equality of opportunity.
  130. 121 Sustainable development.
  131. 122 English and Welsh texts of Assembly instruments.
  132. 123 Provision of information to Treasury.
  133. 124 Documentary evidence.
  134. 125 Minor and consequential amendments.
  135. 126 Extension of functions.
  136. 127 Land acquisition and disposal etc.
  137. 128 Other amendments.
  138. 129 Cessation of functions.
  139. 130 Transfer of property, staff etc. to Welsh Development Agency.
  140. 131 Transitional provisions.
  141. 132 Winding-down.
  142. 133 Abolition etc.
  143. 134 Cessation of functions.
  144. 135 Consequential amendments.
  145. 136 Transfer of property, staff etc. to Welsh Development Agency.
  146. 137 Transitional provisions.
  147. 138 Winding-down.
  148. 139 Abolition etc.
  149. 140 Transfer of functions, property, staff etc. to Secretary of State.
  150. 141 Transitional provisions.
  151. 142 Winding-down.
  152. 143 Abolition etc.
  153. 144 Accounts, audit and reports.
  154. 145 Examinations into use of resources.
  155. 145A Studies for improving economy etc in services
  156. 145B Studies at request of educational bodies
  157. 145C Studies relating to registered social landlords
  158. 145D Advice and assistance for registered social landlords
  159. 146 Transfer etc. of functions of Comptroller and Auditor General.
  160. 146A Transfer etc of functions of Welsh Ministers
  161. 147 Environment Agency.
  162. 148 Health Authorities.
  163. 149 Agricultural wages committees.
  164. 150 Abolition of Residuary Body for Wales.
  165. 151 Power to amend enactments.
  166. 152 Repeals.
  167. 153 Transitional provisions etc.
  168. 154 Orders and directions.
  169. 155 Interpretation.
  170. 156 Defined expressions.
  171. 157 Financial provisions.
  172. 158 Commencement.
  173. 159 Short title.
  174. SCHEDULE 1
  175. SCHEDULE 2
  176. SCHEDULE 3
  177. SCHEDULE 4 Public bodies subject to reform by Assembly
  178. SCHEDULE 5
  179. SCHEDULE 6 Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru
  180. SCHEDULE 7 Forestry Commissioners
  181. SCHEDULE 8
  182. SCHEDULE 9
  183. SCHEDULE 10 Amendments of Health Service Commissioners Act 1993
  184. SCHEDULE 11
  185. SCHEDULE 12 Minor and consequential amendments
  186. SCHEDULE 13 Welsh Development Agency: land provisions
  187. SCHEDULE 14 Welsh Development Agency: other amendments
  188. SCHEDULE 15 Development Board for Rural Wales
  189. SCHEDULE 16 Housing for Wales
  190. SCHEDULE 17 Audit etc. of Welsh public bodies
  191. SCHEDULE 18 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

191 provisions

112 Amendments of Health Service Commissioners Act 1993.

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113 Relations with local government.

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114 Relations with voluntary organisations.

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115 Consultation with business.

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116 Status of Welsh public records.

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117 Transfer of responsibility.

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118 Meaning of “Welsh public records”.

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119 Publication and inspection of documents.

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120 Equality of opportunity.

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121 Sustainable development.

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122 English and Welsh texts of Assembly instruments.

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123 Provision of information to Treasury.

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124 Documentary evidence.

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125 Minor and consequential amendments.

Schedule 12 (minor and consequential amendments relating to Parts I to IV and this Part) has effect.

Propose a change

126 Extension of functions.

(1) Section 1 of the Welsh 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 ”.

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127 Land acquisition and disposal etc.

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.

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128 Other amendments.

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

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129 Cessation of functions.

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

Propose a change

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

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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131 Transitional provisions.

(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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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132 Winding-down.

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133 Abolition etc.

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134 Cessation of functions.

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135 Consequential amendments.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) In— (a) paragraph 1(2)(xxiv) of Schedule 25 to the Water Act 1989, (b) paragraph 1(1)(iv) of Schedule 16 to the Electricity Act 1989, and (c) paragraph 2(1)(xxviii) of Schedule 4 to the Gas 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 Acquisition 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 ”.

Propose a change

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

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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137 Transitional provisions.

(1) Nothing in section ... 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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138 Winding-down.

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139 Abolition etc.

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

(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.

Propose a change

141 Transitional provisions.

(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.

Propose a change

142 Winding-down.

(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 Housing 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 Housing 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.

Propose a change

143 Abolition etc.

(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.

Propose a change

144 Accounts, audit and reports.

(1) The Welsh 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, any accounts kept or prepared in pursuance of paragraph 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— (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 section 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 section 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 Welsh Ministers , and (e) the publication and public inspection of documents. (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. (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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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 Welsh Ministers may by order amend any of the Parts of Schedule 17 by— (a) adding any public body (other than the National Assembly for Wales Commission, the Auditor General for Wales, Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru, the Public Services Ombudsman for Wales , the Wales Centre for Health,the Children’s Commissioner for Wales, the Commissioner for Older People in Wales,. . . 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. (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. (8A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (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, . . . (b) “body” includes office. (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), 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.

Propose a change

145 Examinations into use of resources.

(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 . . . 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) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) This section is without prejudice to the power conferred on the Auditor General for Wales by paragraph 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) .

Propose a change

145A Studies for improving economy etc in services

(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”— (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).

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145B Studies at request of educational bodies

(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. Subject of study | Requesting body The governing body of an institution in Wales within the higher education sector. | The governing body or the Commission for Tertiary Education and Research. . . . | . . . . . . | . . . The governing body of an institution in Wales within the further education sector. | The governing body , the Commission or the Welsh Ministers. (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) Subsection (1) does 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) ... 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 Commission for Tertiary Education and Research, give the Commission 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) audit their accounts for a financial year. (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.

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145C Studies relating to registered social landlords

(1) The Welsh 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 . . . . (2) If a programme is agreed, the Auditor General for Wales shall ensure that studies giving effect to the programme are undertaken by him .... (3) It shall be a term of every such programme that the Welsh Ministers pay to the Wales Audit Office a sum in respect of the costs incurred (which may not exceed the full cost incurred in undertaking the programme), in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013. (4) This section does not entitle the Auditor General for Wales to question the merits of the policy objectives of a registered social landlord . . . . (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 paragraph 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 Welsh 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 ” means a body which is registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996. (10) In this section, a reference to a person acting on behalf of the Auditor General for Wales is a reference to a person acting on the Auditor's behalf by virtue of a delegation made under section 18 of the Public Audit (Wales) Act 2013.

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145D Advice and assistance for registered social landlords

(1) The Auditor General for Wales may, if he thinks it appropriate to do so, provide advice or assistance to a registered social landlord . . . 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 Wales Audit Office thinks fit, but any terms as to payment may only be made in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013. (2A) Any sums charged in relation to advice or assistance provided under this section may not exceed the full cost of providing that advice or assistance. (3) This section has effect without prejudice to section 19 of the Public Audit (Wales) Act 2013 (arrangements for the provision of services between the Wales Audit Office and certain bodies). (4) “ Registered social landlord ” means a body which is registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996.

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

(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, the Wales Audit Office, Her Majesty’s Chief Inspector of Education and Training in Wales or Prif Arolygydd Ei Mawrhydi dros Addysg a Hyfforddiant yng Nghymru, the Public Services Ombudsman for Wales , . . . 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 58 of the Government of Wales Act 2006 may include any provision that may be included in an order under subsection (1).

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146A Transfer etc of functions of Welsh Ministers

(1) The Welsh Ministers may, with the consent of the Auditor General for Wales, by order provide for any of their supervisory functions in respect of a public body or a registered social landlord . . . — (a) to be exercised on their behalf by the Auditor General for Wales, or (b) to be transferred to the Auditor General for Wales. (1A) But before making an order under subsection (1), the Welsh Ministers must consult the Wales Audit Office. (2) In this section— “ public body ” means— a body exercising functions of a public nature, or a body entirely or substantially funded from public money, (and for this purpose “ body ” includes office); “ registered social landlord ” means a body which is registered as a social landlord under Chapter 1 of Part 1 of the Housing Act 1996; “ supervisory functions ”, in respect of a public body or a registered social landlord . . . , 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 Welsh 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). (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.

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