Local Government and Elections (Wales) Act 2021

[F1 Auditor General’s powers of entry and inspection etc.: notice and evidence of identity E+W

Textual Amendments

F1 Sch. 10A inserted (15.7.2022) by The Corporate Joint Committees (General) (No. 2) (Wales) Regulations 2022 (S.I. 2022/797), regs. 1(2), 5

11. E+W Section 99 is to be read as if—

(a) for subsection (1) there were substituted—

“(1) An inspector may enter the premises of an authority mentioned in paragraph (a), (b) or (c) of section 98(1) in exercise of the powers under that subsection only if—

(a) an inspector has given notice in writing to the authority, and

(b) there are at least three working days between the day on which the inspector gives the notice and the day on which the inspector enters the premises.”;

(b) in subsection (2), for “council”, in both places it appears, there were substituted “authority”;

(c) for subsection (3) there were substituted—

“(3) The requirement in subsection (1) does not apply if an inspector considers that giving an authority notice of the exercise of a power under section 98(1) against it would, or would be likely to, prejudice that exercise of the power.

(3A) The requirement in subsection (2) does not apply if an inspector considers that giving an authority notice of the exercise of a power under section 98(2) against it would, or would be likely to, prejudice that exercise of the power.”;

(d) in subsection (4)(b)(i), for “member of a principal council or a member of the staff of a principal council” there were substituted “member of, or a member of the staff of, a principal council or a National Park authority (whether or not that person is also a member of, or a member of the staff of, a corporate joint committee)”;

(e) in subsection (5)—

(i) for “a principal council” there were substituted “an authority mentioned in paragraph (a), (b) or (c) of section 98(1)”;

(ii) for “council”, in each place it appears in paragraphs (a), (b) and (c), there were substituted “authority”;

(iii) after paragraph (c) there were inserted—

“(d) if the authority to which the notice is to be given is a corporate joint committee—

(i) leaving the notice at the principal office of a constituent council of the corporate joint committee;

(ii) sending the notice by first class post, or by an alternative service which provides for delivery no later than the next working day, to the principal office of a constituent council of the corporate joint committee.”;

(f) in subsection (6)—

(i) for “member of a principal council or a member of the staff of a principal council” there were substituted “member of, or a member of the staff of, a principal council or a National Park authority (whether or not that person is also a member of, or a member of the staff of, a corporate joint committee)”;

(ii) in paragraphs (a) and (b), for “council” there were substituted “principal council or National Park authority”;

(g) in subsection (7), for “member of a principal council or a member of the staff of a principal council” there were substituted “member of, or a member of the staff of, a principal council or a National Park authority”.]