Explanatory Notes

Budget Responsibility and National Audit Act 2011

2011 CHAPTER 4

22 March 2011

Commentary on Sections and Schedules

Schedule 6: Powers of National Assembly for Wales: Auditor General for Wales

Paragraphs 2 to 4: Assembly Measures

249.Paragraphs 2 to 4 amend Schedule 5 to the 2006 Act, which deals with the Assembly’s competence to pass legislation known as Assembly Measures under Part 3 of the 2006 Act.

250.Paragraph 3 amends Part 1 of Schedule 5 to the 2006 Act, which sets out the matters to which provisions of Assembly Measures may relate, by inserting a new matter 14.1 in the field of public administration. The competence conferred by matter 14.1 would enable an Assembly Measure to make certain kinds of provision in relation to the AGW, for example to put in place new governance arrangements for the AGW. The provision made by the Assembly could be similar to that set out elsewhere in Part 2 in relation to the C&AG and NAO.

251.Paragraph 4 amends Part 2 of Schedule 5 to the 2006 Act, which sets out restrictions on the Assembly’s competence to pass Assembly Measures. The amendments provide for exceptions to the prohibitions on Assembly Measures being able to modify certain provisions of the Government of Wales Act 1998 (“the 1998 Act”) and the 2006 Act, and will enable those Acts to be amended by Assembly Measure if the purpose of the amendment is about putting in place governance arrangements relating to the AGW. The amendments made by paragraph 4(3) also include provisions to protect the AGW’s independence from the Assembly and Welsh Assembly Government.