Public Audit (Wales) Act 2004

(8A) (1) The Auditor General for Wales may prepare, and keep under review, a code of practice prescribing the way in which auditors appointed by him are to carry out their functions under section 7. (2) Section 16(2) to (9) of the Public Audit (Wales) Act 2004 (code of audit practice) shall have effect in relation to a code of practice under this section. (3) The Auditor General for Wales shall prescribe a scale or scales of fees in respect of the audit of performance plans which are required to be audited in accordance with this Part by auditors appointed by him. (4) Sections 20(4) to (6) and 21(1) to (4) of the Public Audit (Wales) Act 2004 (fees for audit) shall have effect in relation to fees under subsection (3). (5) Before prescribing a scale of fees under subsection (3) the Auditor General for Wales shall consult— (a) the Assembly, and (b) persons appearing to the Auditor General for Wales to represent best value authorities in Wales. (8B) (1) An auditor appointed by the Audit Commission who is carrying out an audit of an authority’s performance plan under section 7 shall have regard to any provisions of a code of practice under section 8 which— (a) are applicable to the audit, and (b) are in force. (2) An auditor appointed by the Auditor General for Wales who is carrying out an audit of an authority’s performance plan under section 7 shall have regard to any provisions of a code of practice under section 8A which— (a) are applicable to the audit, and (b) are in force. (3) Subsection (4) applies at any time before there are provisions of a code of practice under section 8A to which an auditor appointed by the Auditor General for Wales is required under subsection (2) to have regard in carrying out an audit of an authority’s performance plan under section 7. (4) The auditor shall have regard to any provisions of a code of practice under section 8 which— (a) are applicable to an audit of a performance plan published by an authority of a corresponding description to the authority, and (b) are in force.

8

In section 10 (inspections by Audit Commission) after subsection (4) insert—

(5) The preceding provisions of this section do not apply in relation to a best value authority in Wales.

9

After section 10 insert—

(10A) (1) The Auditor General for Wales may carry out an inspection of the compliance with the requirements of this Part by a best value authority in Wales. (2) If the Secretary of State directs the Auditor General for Wales to carry out an inspection of the compliance with the requirements of this Part by a specified best value authority in Wales in relation to specified functions, the Auditor General for Wales shall comply with the direction. (3) Before giving a direction under subsection (2) the Secretary of State shall consult the Auditor General for Wales. (4) In carrying out an inspection, and in deciding whether to do so, the Auditor General for Wales shall have regard to— (a) any relevant recommendation under section 7(4)(ea), and (b) any guidance issued by the Secretary of State.

10

In section 11 (inspectors' powers and duties) for subsection (7) substitute—

(7) In this section “inspector” means— (a) an officer, servant or agent of the Audit Commission carrying out an inspection under section 10; (b) the Auditor General for Wales, a member of his staff or a person providing services to him who is carrying out an inspection under section 10A.

11

In section 12 (fees in respect of inspections under section 10), in subsection (4)(b) after “authorities” insert “ which may be inspected under section 10 ”.

12

After section 12 insert—

(12A) (1) The Auditor General for Wales shall prescribe a scale or scales of fees in respect of inspections carried out under section 10A. (2) An authority inspected under section 10A shall, subject to subsection (3), pay to the Auditor General for Wales the fee applicable to the inspection in accordance with the appropriate scale. (3) If it appears to the Auditor General for Wales that the work involved in a particular inspection was substantially more or less than that envisaged by the appropriate scale, the Auditor General for Wales may charge a fee which is larger or smaller than that referred to in subsection (2). (4) Before prescribing a scale of fees under this section the Auditor General for Wales shall consult— (a) the Secretary of State, and (b) persons appearing to the Auditor General for Wales to represent best value authorities in Wales.

13

After section 13 insert—

(13A) (1) Where the Auditor General for Wales has carried out an inspection of an authority under section 10A he shall issue a report. (2) A report— (a) shall mention any matter in respect of which the Auditor General for Wales believes as a result of an inspection that the authority is failing to comply with the requirements of this Part, and (b) may, if it mentions a matter under paragraph (a), recommend that the Secretary of State give a direction under section 15. (3) The Auditor General for Wales— (a) shall send a copy of a report to the authority concerned, and (b) may publish a report and any information in respect of a report. (4) If a report recommends that the Secretary of State give a direction under section 15, the Auditor General for Wales shall as soon as reasonably practicable— (a) arrange for the recommendation to be published, and (b) send a copy of the report to the Secretary of State. (5) If a report states that the Auditor General for Wales believes as a result of an inspection that an authority is failing to comply with the requirements of this Part, the next performance plan prepared by the authority under section 6 must record— (a) that fact, and (b) any action taken by the authority as a result of the report.

14

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

15

In section 25 (coordination of inspections etc.), in subsection (2) after paragraph (a) insert—

(aa) the Auditor General for Wales;

.

16

In section 26 (guidance issued by Secretary of State), after subsection (3) insert—

(3A) Before issuing guidance under section 10A the Secretary of State shall, in addition to the consultation required by subsection (2)(c) above, consult the Auditor General for Wales.

17

In section 33(3) (grants by National Assembly for Wales) after “make grants to” insert “ (a) ” and after “this Act” insert

; (b) the Auditor General for Wales in respect of expenditure incurred or to be incurred by him under this Act

.

SCHEDULE 2

Local Government Act 1972 (c. 70)

1

• (1) Section 137 of the Local Government Act 1972 (local authority expenditure for certain purposes not otherwise authorised) is amended as follows.

• (2) In subsection (7), omit the words from “and section 14” to the end.

• (3) After that subsection insert—

(7A) In relation to England, section 14 of the Audit Commission Act 1998 (rights of inspection) applies in relation to a separate account included in a local authority’s accounts by virtue of subsection (7) above as it applies in relation to a statement of accounts prepared by the authority pursuant to regulations under section 27 of that Act. (7B) In relation to Wales, section 29 of the Public Audit (Wales) Act 2004 (rights of inspection) applies in relation to a separate account included in a local authority’s accounts by virtue of subsection (7) above as it applies in relation to a statement of accounts prepared by the authority pursuant to regulations under section 39 of that Act.

National Health Service Act 1977 (c. 49)

2

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

Local Government, Planning and Land Act 1980 (c. 65)

3

In section 2(7) of the Local Government, Planning and Land Act 1980 (ways in which information may be published), in paragraph (b) after “Audit Commission Act 1998” insert “ or section 39 of the Public Audit (Wales) Act 2004 ”.

Further Education Act 1985 (c. 47)

4

In section 3(4) of the Further Education Act 1985 (accounting provisions: local education authorities) after “Audit Commission Act 1998” insert “ or section 39 of the Public Audit (Wales) Act 2004 ”.

Housing Associations Act 1985 (c. 69)

5

• (1) Section 75 of the Housing Associations Act 1985 (general functions of Relevant Authority) is amended as follows.

• (2) In subsection (1), omit paragraph (f).

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Local Government Act 1986 (c. 10)

6

In section 5 of the Local Government Act 1986 (separate account of local authority’s expenditure on publicity), in subsection (4) after “Audit Commission Act 1998” insert “ , section 39(1)(e) of the Public Audit (Wales) Act 2004 ”.

Airports Act 1986 (c. 31)

7

• (1) The Airports Act 1986 is amended as follows.

• (2) In section 22(5) (audit of accounts of public airport companies) for the words from “the Audit Commission” to the end substitute—

(a) the Auditor General for Wales, in a case where the company’s controlling authority are— (i) a county council or county borough council in Wales, or (ii) a composite authority of which both or all the constituent councils are county councils or county borough councils in Wales; (b) the Audit Commission for Local Authorities and the National Health Service in England and Wales, in any other case.

.

• (3) In section 24(3) (inspection of accounts of councils providing services for public airport companies), in paragraph (a) omit “and Wales” and after that paragraph insert—

(aa) in Wales, section 29 of the Public Audit (Wales) Act 2004 (rights of inspection) shall apply in relation to any such separate account as it applies in relation to any statement of accounts prepared by the council pursuant to regulations under section 39 of that Act;

.

Local Government Finance Act 1988 (c. 41)

8

In Schedule 8 to the Local Government Finance Act 1988 (non-domestic rating: pooling), in paragraph 5—

• (a) in sub-paragraph (6)(c) for the words from “to be certified” to the end substitute

to be certified— (i) if it is an authority in England, under arrangements made by the Audit Commission for Local Authorities and the National Health Service in England and Wales (“the Commission”), and (ii) if it is an authority in Wales, under arrangements made by the Auditor General for Wales.

, and

• (b) in sub-paragraph (6A), after “The Commission” insert “ or the Auditor General for Wales, as the case may be, ”.

Education Reform Act 1988 (c. 40)

9

• (1) Section 124B of the Education Reform Act 1988 (accounts of higher education corporations) is amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) After that subsection insert—

(5A) A corporation in Wales shall consult, and take into account any advice given by, the Auditor General for Wales before appointing any auditor under subsection (4) above in respect of their first financial year.

• (4) In subsection (6) for “that subsection” substitute “ subsection (4) above ”.

Local Government and Housing Act 1989 (c. 42)

10

The Local Government and Housing Act 1989 is amended as follows.

11

In section 65(2) (certification of information supplied to Secretary of State) in paragraph (b) after “arrangements made” insert “ (i) if the authority is in England, ” and at the end insert—

(ii) if the authority is in Wales, by the Auditor General for Wales.

12

• (1) Section 70 (requirements for companies under control or subject to influence of local authorities) is amended as follows.

• (2) In subsection (2) after “Audit Commission Act 1998” insert “ and Part 2 of the Public Audit (Wales) Act 2004 ”.

• (3) In subsection (4) after “Audit Commission Act 1998” insert “ and Part 2 of the Public Audit (Wales) Act 2004 ”.

• (4) In subsection (5) after “England and Wales,” insert “ or of the Auditor General for Wales, ”.

Town and Country Planning Act 1990 (c. 8)

13

In section 2 of the Town and Country Planning Act 1990 (joint planning boards) for subsection (6A) substitute—

(6A) Section 241 of the Local Government Act 1972 shall be taken to authorise the application to a joint planning board, by such an order as is mentioned in subsection (6) above, of any provisions mentioned in subsection (6B) below (as well as any provisions of the Local Government Act 1972), subject to any necessary modifications. (6B) The provisions referred to in subsection (6A) above are— (a) the Audit Commission Act 1998, except sections 11, 12, 44 to 47 and 51; (b) Part 2 of the Public Audit (Wales) Act 2004, except sections 25, 26, 46 to 49 and 56.

National Health Service and Community Care Act 1990 (c. 19)

14

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

Social Security Administration Act 1992 (c. 5)

15

• (1) Section 139D of the Social Security Administration Act 1992 (directions concerning prevention and detection of fraud) is amended as follows.

• (2) In subsection (1), after paragraph (b) insert—

(ba) a copy of a report has been sent to an authority under section 22(5) or (6) of the Public Audit (Wales) Act 2004 and to the Secretary of State under section 51(3) of that Act;

.

• (3) In subsection (1)(d) after “Audit Commission Act 1998” insert “ , section 45(5) of the Public Audit (Wales) Act 2004 ”.

Health Service Commissioners Act 1993 (c. 46)

16

In Schedule 1A to the Health Service Commissioners Act 1993, omit paragraph 13(5) (co-operation of Auditor General for Wales and Comptroller and Auditor General in connection with examinations in respect of the Health Service Commissioner for Wales).

Education Act 1997 (c. 44)

17

The Education Act 1997 is amended as follows.

18

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

19

After that section insert—

(41A) (1) If requested to do so by the Chief Inspector, the Auditor General for Wales may assist with any inspection under section 38 of a local education authority in Wales; and subsections (2) to (5) below have effect where the Auditor General for Wales assists with any such inspection. (2) Section 40 shall apply to the Auditor General for Wales and to any authorised person as it applies to the inspector. (3) Any information obtained by virtue of section 40 by a person falling within one of the categories mentioned in subsection (4) may be disclosed for the purposes of the inspection, or the preparation or making of the report under section 39(1), to a person falling within the other category. (4) Those categories are— (a) the Auditor General for Wales and any authorised person; and (b) the inspector and any person assisting him. (5) Any report prepared under section 39(1) shall be prepared by the inspector acting in conjunction with the Auditor General for Wales. (6) The Auditor General for Wales shall not provide assistance under this section unless, before he does so, the Chief Inspector has agreed to pay the Auditor General for Wales an amount equal to the full costs incurred by the Auditor General for Wales in providing the assistance. (7) In this section “authorised person” means a person authorised by the Auditor General for Wales for the purposes of this section.

Local Government (Contracts) Act 1997 (c. 65)

20

In section 8(1) of the Local Government (Contracts) Act 1997 (meaning of “audit review”)—

• (a) in paragraph (a) after “Audit Commission Act 1998” insert “ or section 32 of the Public Audit (Wales) Act 2004 ”;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Audit Commission Act 1998 (c. 18)

21

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

22

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

23

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

24

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

25

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

26

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

27

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

28

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

29

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

30

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

31

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

32

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

33

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

34

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

35

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

36

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

37

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

38

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

School Standards and Framework Act 1998 (c. 31)

39

The School Standards and Framework Act 1998 is amended as follows.

40

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

41

After that section insert—

(53A) (1) A local education authority in Wales shall, if directed to do so by the National Assembly for Wales, require the Auditor General for Wales to make arrangements in accordance with section 96B(1)(d) of the Government of Wales Act 1998 for certifying— (a) such statement or statements prepared by the authority under section 52 above, or (b) such part or parts of any such statement or statements, as may be specified in the directions; and for the purposes of section 96B(1)(d) of that Act any statement under section 52 above shall be regarded as a return by the authority. (2) The arrangements made by the Auditor General for Wales in pursuance of subsection (1) shall include arrangements for sending to the National Assembly for Wales— (a) a copy of the statement or statements so certified, or (b) a copy of the part or parts so certified, as the case may be. (3) Directions given under subsection (1) may relate to any local education authority or to local education authorities generally or to any class or description of such authority.

Government of Wales Act 1998 (c. 38)

42

The Government of Wales Act 1998 is amended as follows.

43

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

44

Omit section 100(6) (co-operation of Auditor General for Wales and Comptroller and Auditor General with respect to examinations into Assembly’s use of resources etc.).

45

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

46

In section 144 (accounts, audit and reports), in subsection (2) for “subject to audit by auditors appointed by the Audit Commission)” substitute “ and audit of NHS bodies) ”.

47

• (1) Section 145 (examination into use of resources) is amended as follows.

• (2) Omit subsection (5).

• (3) At the end of that section insert—

(7) This section is without prejudice to the power conferred on the Auditor General for Wales by section 96(3)(b).

48

In Schedule 6, omit paragraph 8(5) (co-operation of Auditor General for Wales and Comptroller and Auditor General in connection with examinations in respect of Her Majesty’s Chief Inspector of Education and Training in Wales).

49

In Schedule 7, omit paragraph 8(5) (co-operation of Auditor General for Wales and Comptroller and Auditor General in connection with examinations in respect of the Forestry Commissioners).

50

In Schedule 9, omit paragraph 12(5) (co-operation of Auditor General for Wales and Comptroller and Auditor General in connection with examinations in respect of the Welsh Administration Ombudsman).

51

In Schedule 17, in Part 2 (bodies partially subject to audit etc provisions), after paragraph 14 insert—

(14A) A body of trustees appointed in pursuance of section 29(1) of the National Health Service Reorganisation Act 1973 and section 95(1) of the National Health Service Act 1977 for a trust all or most of whose hospitals, establishments and facilities are situated in Wales.

Local Government Act 2000 (c. 22)

52

The Local Government Act 2000 is amended as follows.

53

• (1) Section 49 (principles governing conduct of members of relevant authorities) is amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In subsection (5)(b) for “Audit Commission” substitute “ Auditor General for Wales ”.

54

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

55

• (1) Section 82 (code of conduct for local government employees) is amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In subsection (6)(b) for “Audit Commission” substitute “ Auditor General for Wales ”.

Health (Wales) Act 2003 (c. 4)

56

In Schedule 2 to the Health (Wales) Act 2003, omit paragraph 25(4)(co-operation of Auditor General for Wales and Comptroller and Auditor General with respect to examinations in respect of the Wales Centre for Health).

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

57

The Health and Social Care (Community Health and Standards) Act 2003 is amended as follows.

58

In section 60 (provision of material to Comptroller and Auditor General etc), after subsection (1) insert—

(1A) The CHAI must also, on request, provide the Auditor General for Wales with all material which is relevant to a review under section 51 and to one or more Welsh NHS bodies.

59

After section 69 insert—

(69A) The Auditor General for Wales must, on request, provide the CHAI with any information it may reasonably require for the purpose of making comparisons, in the exercise of its functions under sections 51, 52 and 57, between English NHS bodies and Welsh NHS bodies.

60

In section 70 (reviews and investigations by the Assembly relating to provision of health care), after subsection (3) insert—

(3A) Before conducting a review under this section the Assembly must— (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.

61

After section 145 insert—

(145A) (1) The CHAI must co-operate with the Auditor General for Wales where it seems to it appropriate to do so for the efficient and effective discharge of its functions. (2) The CHAI must also— (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 exercising its functions under section 51 in relation to a Welsh NHS body. (3) Subsection (2) does not apply in the case of a review requested by the Secretary of State under section 51(2).

SCHEDULE 3

Preparation of transfer schemes

1

• (1) The Secretary of State may, with the consent of the Assembly, by order—

• (a) make one or more schemes for the transfer to the Wales Audit Office of defined property, rights and liabilities of the Comptroller and Auditor General, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The property, rights and liabilities which may be the subject of a scheme include—

• (a) any that would otherwise be incapable of being transferred or assigned, and

• (b) rights and liabilities under a contract of employment.

• (3) For the purpose of dividing any property, rights or liabilities in connection with a scheme, the scheme may—

• (a) create in favour of the transferor an interest in, or right over, any property transferred in accordance with the scheme;

• (b) create in favour of the Wales Audit Office an interest in, or right over, any property retained by the transferor;

• (c) create new rights and liabilities as between the Wales Audit Office and the transferor; or

• (d) in connection with provision made under paragraph (a), (b) or (c), make incidental provision as to the interests, rights and liabilities of persons other than the transferor and the Wales Audit Office with respect to the subject-matter of the scheme;

and references in this Schedule (other than this sub-paragraph) or section 68 to the transfer of property, rights or liabilities (so far as relating to transfers provided for in a scheme) are accordingly to be construed as including references to the creation of any interests, rights or liabilities by virtue of paragraph (a), (b) or (c) or the making of provision by virtue of paragraph (d).

• (4) A scheme may define the property, rights and liabilities to be transferred by specifying or describing them (including describing them by reference to a specified part of the transferor’s undertaking).

• (5) A scheme may include supplementary, incidental, transitional and consequential provision.

• (6) The provision that may be made by virtue of sub-paragraph (3)(c) includes—

• (a) provision for treating any person who is entitled by virtue of an order under this paragraph to possession of a document as having given another person an acknowledgement in writing of the right of that other person to the production of the document and to delivery of copies of it, and

• (b) provision applying section 64 of the Law of Property Act 1925 (c. 20) (production and safe custody of documents) in relation to any case in relation to which provision within sub-paragraph (3)(a) has effect.

• (7) Sub-paragraph (8) applies in the case of a scheme which contains provision for the transfer of rights or liabilities under the contract of employment of an individual (“the employee”).

• (8) The provision that may be made in the scheme by virtue of sub-paragraph (5) includes provision with respect to—

• (a) the employee’s eligibility to become a member of any pension scheme by virtue of his employment with the transferee if the rights or liabilities relating to his contract of employment are transferred in accordance with the scheme, and

• (b) rights of, or rights or liabilities in respect of, the employee under—

• (i) any pension scheme of which he may become a member by virtue of his employment with the transferee, or

• (ii) any pension scheme of which he is a member by virtue of his employment immediately before the transfer,

(and for the purposes of this sub-paragraph “pension scheme” includes any scheme made under section 1 of the Superannuation Act 1972 (c. 11) (superannuation schemes as respects civil servants etc)).

• (9) The power to make an order under this paragraph is exercisable by statutory instrument, and any such instrument is subject to annulment in pursuance of a resolution of either House of Parliament.

2

Before making an order under paragraph 1, the Secretary of State must consult—

• (a) the Wales Audit Office,and

• (b) ... the Comptroller and Auditor General, ...

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of employees

3

• (1) This paragraph has effect in any case where the rights and liabilities relating to an individual’s contract of employment are transferred in accordance with a scheme.

• (2) The transfer does not break the continuity of the individual’s employment, and accordingly—

• (a) he is not to be regarded for the purposes of Part 11 of the Employment Rights Act 1996 (c. 18) (redundancy) as having been dismissed by virtue of the transfer,

• (b) his period of employment with the transferor counts as a period of employment with the transferee for the purposes of that Act.

• (3) The terms and conditions of the individual’s employment with the transferee (taken as a whole) must not be less favourable to the individual than the terms and conditions on which he is employed immediately before the transfer.

4

• (1) This paragraph has effect in any case where—

• (a) a scheme contains provision for the transfer of rights or liabilities under the contract of employment of any individual (“the employee”), but

• (b) the employee informs the transferor or the Wales Audit Office that he objects to becoming employed by the Wales Audit Office.

• (2) Section 68—

• (a) does not operate to transfer any rights, powers, duties or liabilities under or in connection with the contract of employment, but

• (b) operates to terminate that contract on the day preceding the transfer date.

• (3) The employee is not, by virtue of that termination, to be treated for any purpose as having been dismissed.

• (4) In this paragraph “the transfer date”, in relation to a scheme, means the date on which (but for this paragraph) any rights, powers, duties or liabilities under the employee’s contract of employment would have been transferred in accordance with the scheme.

Continuity

5

• (1) Anything done by or in relation to the transferor for the purposes of or in connection with anything transferred by section 68 which is in effect immediately before it is transferred is to be treated as if done by or in relation to the Wales Audit Office.

• (2) There may be continued by or in relation to the Wales Audit Office anything (including legal proceedings) relating to anything so transferred which is in the process of being done by or in relation to the transferor immediately before it is transferred.

• (3) A reference to the transferor in any document relating to anything so transferred is to be taken (so far as necessary for the purposes of or in consequence of the transfer) as a reference to the Wales Audit Office.

• (4) A transfer under section 68 does not affect the validity of anything done by or in relation to the transferor before the transfer takes effect.

SCHEDULE 4

Additional functions of Auditor General

Studies relating to registered social landlords

Expenses and accounts

Audit of accounts of local government bodies in Wales

Consent under section 54(2ZC)

Consent under section 54(2ZC)

Audit of Welsh NHS bodies

Mandatory provision of data

54ZA

• (1) Consent for the purposes of section 54(2ZC) must be obtained in accordance with this section.

• (2) A person requesting consent (“ the applicant ”) must make a request for consent which—

• (a) is in writing,

• (b) states the name of the applicant and an address for correspondence,

• (c) describes the information in relation to which consent is requested, and

• (d) identifies the person to whom the information will be disclosed.

• (3) Consent must be given except where the disclosure would, or would be likely to, prejudice the effective performance of a function imposed or conferred on the Auditor General for Wales ... by or under an enactment.

• (4) Consent may be given or refused orally or in writing; but where it is given or refused orally the consent or refusal must be confirmed in writing.

• (5) A refusal (or, where the refusal is oral, the confirmation of the refusal) must contain the reasons for the refusal.

• (6) The Auditor General for Wales must give or refuse consent not later than the twentieth working day following the day on which the request is received.

• (7) “ Working day ” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.

54A

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

Consent under section 54(2ZC)

Part 3A — Data matching

Meaning of “Welsh NHS body”

64A

• (1) The Auditor General for Wales may conduct data matching exercises ....

• (2) A data matching exercise is an exercise involving the comparison of sets of data to determine how far they match (including the identification of any patterns and trends).

• (3) The power in subsection (1) is exercisable for the purpose of assisting in the prevention and detection of fraud in or with respect to Wales.

• (4) That assistance may, but need not, form part of an audit.

• (5) A data matching exercise may not be used to identify patterns and trends in an individual's characteristics or behaviour which suggest nothing more than his potential to commit fraud in the future.

• (6) In the following provisions of this Part, reference to a data matching exercise is to an exercise conducted or arranged to be conducted under this section.

64B

• (1) The Auditor General for Wales may require—

• (a) any body mentioned in subsection (2), and

• (b) any officer or member of such a body,

to provide the Auditor General or a person acting on his behalf by virtue of a delegation made under section 18 of the Public Audit (Wales) Act 2013 with such data (and in such form) as the Auditor General or that person may reasonably require for the purpose of conducting data matching exercises.

• (2) The bodies are—

• (a) a local government body in Wales (as defined in section 12(1));

• (b) a Welsh NHS body (as defined in section 60).

• (3) A person who without reasonable excuse fails to comply with a requirement of the Auditor General under subsection (1)(b) is guilty of an offence and liable on summary conviction—

• (a) to a fine not exceeding level 3 on the standard scale, and

• (b) to an additional fine not exceeding £20 for each day on which the offence continues after conviction for that offence.

• (4) If an officer or member of a body is convicted of an offence under subsection (3), any expenses incurred by the Auditor General or by the Wales Audit Office in connection with proceedings for the offence, so far as not recovered from any other source, are recoverable from that body by the Wales Audit Office.

64C

• (1) If the Auditor General for Wales thinks it appropriate to conduct a data matching exercise using data held by or on behalf of a body or person not subject to section 64B, the data may be disclosed to the Auditor General or a person acting on his behalf by virtue of a delegation made under section 18 of the Public Audit (Wales) Act 2013.

• (2) A disclosure under subsection (1) does not breach—

• (a) any obligation of confidence owed by a person making the disclosure, or

• (b) any other restriction on the disclosure of information (however imposed).

• (3) But nothing in this section authorises a disclosure which—

• (a) contravenes the data protection legislation, or

• (b) is prohibited by any of Parts 1 to 7 or Chapter 1 of Part 9 of the Investigatory Powers Act 2016.

• (4) Data may not be disclosed under subsection (1) if the data comprise or include patient data.

• (5) In this section—

“the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);

“Patient data” means data relating to an individual which are held for medical purposes (within the meaning of section 251 of the National Health Service Act 2006 (c. 41)) and from which the individual can be identified.

• (6) This section does not limit the circumstances in which data may be disclosed apart from this section.

• (7) Data matching exercises may include data provided by a body or person outside England and Wales.

64D

• (1) This section applies to the following information—

• (a) information relating to a particular body or person obtained by or on behalf of the Auditor General for Wales for the purpose of conducting a data matching exercise,

• (b) the results of any such exercise.

• (2) Information to which this section applies may be disclosed by or on behalf of the Auditor General for Wales if the disclosure is—

• (a) for or in connection with a purpose for which the data matching exercise is conducted,

• (b) to a body or person mentioned in subsection (3) (or a related party) for or in connection with a function of that body or person corresponding or similar to the functions of the Auditor General under Chapter 1 of Part 2 or the functions of the Auditor General under Part 3 or this Part, or

• (c) in pursuance of a duty imposed by or under a statutory provision.

• (3) The bodies and persons are—

• (a) the Secretary of State,

• (aa) the Minister for the Cabinet Office,

• (ab) a local auditor within the meaning of the Local Audit and Accountability Act 2014,

• (b) the Auditor General for Scotland,

• (c) the Accounts Commission for Scotland,

• (d) Audit Scotland,

• (e) the Comptroller and Auditor General for Northern Ireland,

• (f) a person designated as a local government auditor under Article 4 of the Local Government (Northern Ireland) Order 2005 (S.I. 2005/1968 (N.I.18)).

• (4) “Related party”, in relation to a body or person mentioned in subsection (3), means—

• (a) a body or person acting on its behalf,

• (b) a body whose accounts are required to be audited by it or by a person appointed by it,

• (c) a person appointed by it to audit those accounts.

• (5) If the data used for a data matching exercise include patient data—

• (a) subsection (2)(a) applies only so far as the purpose for which the disclosure is made relates to—

• (i) a relevant NHS body , or

• (ii) in relation to patient data which are held for the purposes of local authority social care provided to individuals aged 18 or over, a local authority,

• (b) subsection (2)(b) applies only so far as the function for or in connection with which the disclosure is made relates to such a body.

• (6) In subsection (5) and this subsection—

• (za) “local authority” has the meaning given by section 275(1) of the National Health Service Act 2006,

• (zb) “local authority social care” means—

• (i) social care provided or arranged for by a local authority, or

• (ii) social care all or part of the cost of which is paid for with funds provided by a local authority,

• (a) “patient data” has the same meaning as in section 64C,

• (b) “relevant NHS body” means—

• (i) a Welsh NHS body as defined in section 60,

• (ii) a body mentioned in paragraph (a), (b) or (c) of paragraph 4(12) of Schedule 9 to the Local Audit and Accountability Act 2014 (“relevant NHS body”);

• (iii) an NHS body as defined in section 22(1) of the Community Care and Health (Scotland) Act 2002 (asp 5),

• (iv) a health and social care body mentioned in paragraphs (a) to (e) of section 1(5) of the Health and Social Care (Reform) Act (Northern Ireland) 2009,

• (c) “social care” has the meaning given by section 251(12A) of the National Health Service Act 2006.

• (7) Information disclosed under subsection (2) may not be further disclosed except—

• (a) for or in connection with the purpose for which it was disclosed under paragraph (a) or the function for which it was disclosed under paragraph (b) of that subsection,

• (b) for the investigation or prosecution of an offence (so far as the disclosure does not fall within paragraph (a)), or

• (c) in pursuance of a duty imposed by or under a statutory provision.

• (8) Except as authorised by subsections (2) and (7), a person who discloses information to which this section applies is guilty of an offence and liable—

• (a) on conviction on indictment, to imprisonment for a term not exceeding two years, to a fine or to both, or

• (b) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court, to a fine not exceeding the statutory maximum or to both.

• (9) Section 54 does not apply to information to which this section applies.

• (10) In this section “ statutory provision ” has the meaning given in section 59(8).

Fees for data matching

64E

• (1) Nothing in section 64D prevents the Auditor General for Wales from publishing a report on a data matching exercise (including on the results of the exercise).

• (2) But the report may not include information relating to a particular body or person if—

• (a) the body or person is the subject of any data included in the data matching exercise,

• (b) the body or person can be identified from the information, and

• (c) the information is not otherwise in the public domain.

• (3) A report published under this section may be published in any manner which the Auditor General considers appropriate for bringing it to the attention of those members of the public who may be interested.

• (4) This section does not affect any powers of ... the Auditor General where the data matching exercise in question forms part of an audit under Part 2 or 3.

64F

• (A1) The Wales Audit Office may, in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013, charge a fee in respect of a data matching exercise undertaken by the Auditor General for Wales.

• (1) The Wales Audit Office must prescribe a scale or scales of fees in respect of data matching exercises.

• (2) A body required under section 64B(1) to provide data for a data matching exercise must pay to the Wales Audit Office the fee applicable to that exercise in accordance with the appropriate scale.

• (3) But if it appears to the Wales Audit Office that the work involved in the exercise was substantially more or less than that envisaged by the appropriate scale, the Wales Audit Office may charge the body a fee which is larger or smaller than that referred to in subsection (2).

• (4) Before prescribing a scale of fees under this section, the Wales Audit Office must consult—

• (a) the bodies mentioned in section 64B(2), and

• (b) such other bodies or persons as the Wales Audit Office thinks fit.

• (5) If the Welsh Ministers consider it necessary or desirable to do so, they may by regulations prescribe a scale or scales of fees to have effect, for such period as is specified in the regulations, in place of any scale or scales of fees prescribed by the Wales Audit Office and, if they do so, references in this section to the appropriate scale are to be read as respects that period as references to the appropriate scale prescribed by the Welsh Ministers.

• (6) Before making any regulations under subsection (5), the Welsh Ministers must consult—

• (a) the Wales Audit Office, and

• (b) such other bodies or persons as they think fit.

• (7) The power under subsection (5) is exercisable by statutory instrument subject to annulment in pursuance of a resolution of the National Assembly for Wales.

• (8) In addition to the power under subsection (2), the Wales Audit Office may charge a fee to any other body or person providing data for or receiving the results of a data matching exercise, such fee to be payable in accordance with terms agreed between the Wales Audit Office and that body or person.

• (9) Any terms as to payment agreed by the Wales Audit Office under subsection (8) must be in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013.

• (10) A fee charged under this section may not exceed the full cost of exercising the function to which it relates.

64G

• (1) The Auditor General for Wales must prepare, and keep under review, a code of practice with respect to data matching exercises.

• (2) Regard must be had to the code in conducting and participating in any such exercise.

• (3) Before preparing or altering the code, the Auditor General must consult the bodies mentioned in section 64B(2), the Information Commissioner and such other bodies or persons as the Auditor General thinks fit.

• (4) The Auditor General must—

• (a) lay a copy of the code, and of any alterations made to the code, before the National Assembly for Wales, and

• (b) from time to time publish the code as for the time being in force.

64H

• (1) The Secretary of State may by order amend this Part—

• (a) to add any purpose mentioned in subsection (2) to the purposes for which data matching exercises may be conducted,

• (b) to modify the application of this Part in relation to a purpose so added.

• (2) The purposes which may be added are—

• (a) to assist in the prevention and detection of crime (other than fraud) in or with respect to Wales,

• (b) to assist in the apprehension and prosecution of offenders in or with respect to Wales,

• (c) to assist in the recovery of debt owing to Welsh public bodies.

• (3) The Secretary of State may by order amend this Part—

• (a) to add a Welsh public body to the list of bodies in section 64B(2),

• (b) to modify the application of this Part in relation to a body so added,

• (c) to remove a body from that list.

• (4) Before making an order under this section, the Secretary of State must consult the Auditor General for Wales.

• (5) An order under this section—

• (a) is to be made by statutory instrument, and

• (b) may include such incidental, consequential, supplemental or transitional provision as the Secretary of State thinks fit.

• (6) No order under this section may be made unless a draft of the statutory instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (7) In this section “Welsh public body” means a public body (as defined in section 12(3)) whose functions relate exclusively to Wales or an area of Wales.

Public bodies subject to audit etc

Meaning of “Welsh NHS body”

67A

• (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) Her Majesty's Inspectorate of Probation for England and Wales,

• (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 the Wales Audit Office and the body or person in question may agree, 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.

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

Local Government Act 1972 (c. 70)

National Health Service Act 1977 (c. 49)

Local Government, Planning and Land Act 1980 (c. 65)

Further Education Act 1985 (c. 47)

Housing Associations Act 1985 (c. 69)

Local Government Act 1986 (c. 10)

Airports Act 1986 (c. 31)

Local Government Finance Act 1988 (c. 41)

Education Reform Act 1988 (c. 40)

Local Government and Housing Act 1989 (c. 42)

Town and Country Planning Act 1990 (c. 8)

National Health Service and Community Care Act 1990 (c. 19)

Social Security Administration Act 1992 (c. 5)

Health Service Commissioners Act 1993 (c. 46)

Education Act 1997 (c. 44)

Local Government (Contracts) Act 1997 (c. 65)

Audit Commission Act 1998 (c. 18)

School Standards and Framework Act 1998 (c. 31)

Government of Wales Act 1998 (c. 38)

Local Government Act 2000 (c. 22)

Health (Wales) Act 2003 (c. 4)

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

Preparation of transfer schemes

Transfer of employees

Continuity

Editorial notes

[^c20973881]: S. 2 repealed by Government of Wales Act 2006 (c. 32), ss. 161(4)(d), 163, Sch. 12 (with Sch. 11 para. 22), the repealing provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)

[^c20973921]: Ss. 6-11 repealed by Government of Wales Act 2006 (c. 32), ss. 161(4)(d), 163, Sch. 12 (with Sch. 11 para. 22), the repealing provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)

[^c20966421]: S. 7 wholly in force at 1.4.2005, see s. 73 and S.I. 2005/558, art. 2, Sch. 1 (subject to Sch. 2)

[^c20973931]: Ss. 6-11 repealed by Government of Wales Act 2006 (c. 32), ss. 161(4)(d), 163, Sch. 12 (with Sch. 11 para. 22), the repealing provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)

[^c20973941]: Ss. 6-11 repealed by Government of Wales Act 2006 (c. 32), ss. 161(4)(d), 163, Sch. 12 (with Sch. 11 para. 22), the repealing provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)

[^c20973951]: Ss. 6-11 repealed by Government of Wales Act 2006 (c. 32), ss. 161(4)(d), 163, Sch. 12 (with Sch. 11 para. 22), the repealing provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)

[^c20973961]: Ss. 6-11 repealed by Government of Wales Act 2006 (c. 32), ss. 161(4)(d), 163, Sch. 12 (with Sch. 11 para. 22), the repealing provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)

[^c20973971]: Ss. 6-11 repealed by Government of Wales Act 2006 (c. 32), ss. 161(4)(d), 163, Sch. 12 (with Sch. 11 para. 22), the repealing provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)

[^c20973981]: S. 12(1)(j) inserted (1.3.2008) by Offender Management Act 2007 (c. 21), ss. 5(6), 41(1), Sch. 1 para. 13(5)(a); S.I. 2008/504, art. 2(a)

[^c20969731]: S. 14 applied (1.4.2005) by Local Government Act 1999 (c. 27), s. 7(8B) (as inserted by Public Audit (Wales) Act 2004 (c. 23), ss. 50, 73, Sch. 1 para. 5(12); S.I. 2005/558, art. 2, Sch. 1)

[^c22548081]: S. 18 applied (1.4.2005) by Local Government Act 1999 (c. 27), s. 7(3A) (as inserted by Public Audit (Wales) Act 2004 (c. 23), ss. 50, 73, Sch. 1 para. 5(3); S.I. 2005/558, art. 2, Sch. 1)

[^c22548091]: S. 19 applied (1.4.2005) by Local Government Act 1999 (c. 27), s. 7(3A) (as inserted by Public Audit (Wales) Act 2004 (c. 23), ss. 50, 73, Sch. 1 para. 5(3); S.I. 2005/558, art. 2, Sch. 1)

[^c20967531]: S. 20 partly in force; s. 20 not in force at Royal Assent see s. 73; s. 20(1)-(3) in force for certain purposes at 31.1.2005 by S.I. 2005/71, art. 2, Sch.; s. 20(4)-(6) in force at 1.4.2005 by S.I. 2005/558, art. 2, Sch. 1

[^c20969821]: S. 20(4)-(6) applied (31.1.2005) by Local Government Act 1999 (c. 27), s. 8A(4) (as inserted by Public Audit (Wales) Act 2004 (c. 23), ss. 50, 73, Sch. 1 para. 7; S.I. 2005/71, art. 2, Sch.)

[^c20968161]: S. 21 wholly in force at 1.4.2005; s. 21 not in force at Royal Assent see s. 73; s. 21(1)(2)(5) in force at 31.1.2005 by S.I. 2005/71, art. 2, Sch.; s. 21(3)(4) in force at 1.4.2005 by S.I. 2005/558, art. 2, Sch. 1

[^c20974421]: S. 21 applied (with modifications) (1.4.2010) by Local Government (Wales) Measure 2009 (nawm 2), ss. 27(6), 53(2); S.I. 2009/3272, art. 3(1), Sch. 2

[^c20974011]: S. 24(2)(e) inserted (1.3.2008) by Offender Management Act 2007 (c. 21), ss. 5(6), 41(1), Sch. 1 para. 13(5)(b); S.I. 2008/504, art. 2(a)

[^c20974031]: S. 25(3)(e) inserted (1.3.2008) by Offender Management Act 2007 (c. 21), ss. 5(6), 41(1), Sch. 1 para. 13(5)(c); S.I. 2008/504, art. 2(a)

[^c20974161]: Words in s. 36(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 1(2); S.I. 2009/1604, art. 2

[^c20968401]: S. 39 partly in force; s. 39 not in force at Royal Assent see s. 73; s. 39 in force for specified purposes at 31.1.2005 by S.I. 2005/71, art. 2, Sch.; s. 39 in force for further specified purposes at 1.4.2005 by S.I. 2005/558, art. 2, Sch 1

[^c20968751]: S. 50 wholly in force at 1.4.2005; s. 50 not in force at Royal Assent see s. 73; s. 50 in force for certain purposes at 31.1.2005 by S.I. 2005/71, art. 2, Sch.; s. 50 otherwise in force at 1.4.2005 by S.I. 2005/558, art. 2, Sch. 1

[^c20968311]: S. 54 wholly in force at 20.7.2005; s. 54 not in force at Royal Assent see s. 73; s. 54(6)-(8) in force at 31.1.2005 by S.I. 2005/71, art. 2, Sch.; s. 54(1)-(5) in force at 20.7.2005 by S.I. 2005/1911, art. 2, Sch.

[^c20970681]: Words in s. 54(1)(a) inserted (W.) (1.4.2010) by Local Government (Wales) Measure 2009 (nawm 2), ss. 51(1), 53(2), Sch. 1 para. 36(a); S.I. 2009/3272, art. 3(1), Sch. 2

[^c20970821]: Words in s. 54(1)(b) inserted (W.) (1.4.2010) by Local Government (Wales) Measure 2009 (nawm 2), ss. 51(1), 53(2), Sch. 1 para. 36(b)(i); S.I. 2009/3272, art. 3(1), Sch. 2

[^c20970921]: Words in s. 54(1)(b) inserted (W.) (1.4.2010) by Local Government (Wales) Measure 2009 (nawm 2), ss. 51(1), 53(2), Sch. 1 para. 36(b)(ii); S.I. 2009/3272, art. 3(1), Sch. 2

[^c20970941]: Words in s. 54(2)(b) inserted (W.) (1.4.2010) by Local Government (Wales) Measure 2009 (nawm 2), ss. 51(1), 53(2), Sch. 1 para. 36(c); S.I. 2009/3272, art. 3(1), Sch. 2

[^c20970131]: Words in s. 54(2)(d) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), ss. 39, 40, Sch. 6 para. 77; S.I. 2005/2800, art. 5(1)

[^c20970091]: S. 54(2)(f) omitted (20.7.2005 in accordance with art. 1(2) of the amending S.I.) by virtue of The Public Audit (Wales) Act 2004 (Relaxation of Restriction on Disclosure) Order 2005 (S.I. 2005/1018), art. 2(2)

[^c20970191]: S. 54(2ZA)-(2ZD) inserted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss.167(2), 245 (with s. 167(8)); S.I. 2008/172, art. 2(1)(h)

[^c20970111]: S. 54(2A) inserted (20.7.2005 in accordance with art. 1(2) of the amending S.I.) by The Public Audit (Wales) Act 2004 (Relaxation of Restriction on Disclosure) Order 2005 (S.I. 2005/1018), art. 2(3)

[^c20970151]: S. 54(2A) repealed (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 167(3), 241, 245, Sch. 18 Pt. 13 (with s. 167(8)); S.I. 2008/172, art. 2(1)(h)(u)

[^c20970211]: Words in s. 54(3) substituted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 167(4), 245 (with s. 167(8)); S.I. 2008/172, art. 2(1)(h)

[^c20970161]: Words in s. 54(4)(a) repealed (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 167(5)(a), 241, 245, Sch. 18 Pt. 13 (with s. 167(8)); S.I. 2008/172, art. 2(1)(h)(u)

[^c20970181]: S. 54(4)(b) repealed (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 167(5)(b), 241, 245, Sch. 18 Pt. 13 (with s. 167(8)); S.I. 2008/172, art. 2(1)(h)(u)

[^c20973251]: S. 54A repealed (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 167(7), 241, 245, Sch. 18 Pt. 13 (with s. 167(8)); S.I. 2008/172, art. 2(1)(h)(u)

[^c20973411]: S. 59(4) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 144, 241, 245, Sch. 8 para. 27(3), Sch. 18 Pt. 8; S.I. 2008/917, art. 2

[^c20973231]: S. 54ZA inserted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss.167(6), 245 (with s. 167(8)); S.I. 2008/172, art. 2(1)(h)

[^c20973191]: S. 54A inserted (20.7.2005 in accordance with art. 1(2) of the amending S.I.) by The Public Audit (Wales) Act 2004 (Relaxation of Restriction on Disclosure) Order 2005 (S.I. 2005/1018), art. 2(4); S.I. 2005/1911, art. 2, Sch.

[^c20972111]: Words in s. 60(c) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 261(a) (with Sch. 3 Pt. 1)

[^c20972131]: Words in s. 60(d) inserted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), ss. 2, 8(2), Sch. 1 para. 261(b) (with Sch. 3 Pt. 1)

[^c20973421]: Words in s. 61(1) substituted (1.2.2007) by Health Act 2006 (c. 28), ss. 80, 83, Sch. 8 para. 62; S.I. 2007/204, art. 4(b)

[^c20974491]: S. 62 modified (temp. from 1.10.2008 to 31.3.2009) by The Health and Social Care Act 2008 (Consequential Amendments and Transitory Provisions) Order 2008 (S.I. 2008/2250), art. 3(12)

[^c20974931]: S. 62(c) substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 95, 170, Sch. 5 para. 76; S.I. 2009/462, art. 2, Sch. 1 para. 35(z)

[^c20971661]: Words in s. 64(1) substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 95, 170, Sch. 5 para. 77(a); S.I. 2009/462, art. 2, Sch. 1 para. 35(z)

[^c20971881]: Words in s. 64(2) substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 95, 170, Sch. 5 para. 77(b); S.I. 2009/462, art. 2, Sch. 1 para. 35(z)

[^c20971921]: S. 64(3) substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), ss. 95, 170, Sch. 5 para. 77(c); S.I. 2009/462, art. 2, Sch. 1 para. 35(z)

[^c20975381]: S. 64D(8)(b) modified (6.4.2008) by Serious Crime Act 2007 (c. 27), ss. 91(1), 94, Sch. 13 para. 9(b); S.I. 2008/755, art. 16

[^c20973901]: S. 65(2) repealed by Government of Wales Act 2006 (c. 32), ss. 161(4)(d), 163, Sch. 12 (with Sch. 11 para. 22), the repealing provision coming into force immediately after the end of "the initial period" (which ended with the day of the first appointment of a First Minister on 25.5.2007)

[^c20966461]: S. 66 wholly in force at 1.4.2005, see s. 73 and S.I. 2005/558, art. 2, Sch. 1 (subject to Sch. 2)

[^c20975241]: Words in s. 67A(1)(d) substituted (1.4.2008) by The Offender Management Act 2007 (Consequential Amendments) Order 2008 (S.I. 2008/912), art. 3, Sch. 1 para. 26(2)(g)

[^c20975121]: S. 67A inserted (1.4.2007) by Police and Justice Act 2006 (c. 48), ss. 52, 53, Sch. 14 para. 60; S.I. 2007/709, art. 3(p) (subject to arts. 6, 7)

[^c20975411]: Words in s. 71 repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 146, 241, 245, Sch. 9 para. 1(1)(2)(w), Sch. 18 Pt. 11; S.I. 2008/172, art. 4

[^c20966471]: S. 72 wholly in force at 1.4.2005, see s. 73 and S.I. 2005/558, art. 2, Sch. 1 (subject to Sch. 2)

[^c20984781]: S. 73 power partly exercised: 31.1.2005 appointed for specified provisions by {S.I. 2005/71}, art. 2, Sch.; 1.4.2005 appointed for specified provisions by {S.I. 2005/558}, art. 2, Sch. 1; 20.7.2005 appointed for specified provisions by {S.I. 2005/1911}, art. 2

[^c20975311]: Pt. 3A inserted (1.3.2008 for s. 64G(1)(3)(4) and 6.4.2008 otherwise) by Serious Crime Act 2007 (c. 27), ss. 73, 94, Sch. 7 para. 4; S.I. 2008/219, art. 3(i); S.I. 2008/755, art. 16