Title, commencement, application and interpretation1
1
The title of this Order is the Public Audit (Wales) Act 2013 (Commencement, Consequential Amendments, Transitional and Saving Provisions) (Wales) Order 2013 and it comes into force in accordance with articles 2 and 3.
2
This Order applies in relation to Wales.
3
In this Order “the Act” means the Public Audit (Wales) Act 2013.
Provisions coming into force on 4 July 20132
The following provisions of the Act come into force on 4 July 2013—
a
section 1 (overview);
b
section 8 (how functions are to be exercised), insofar as it is necessary to prepare the code of practice, code of audit practice, annual plan and estimate of income and expenditure for the financial year 2014-2015;
c
section 10 (code of audit practice);
d
section 12 (transfer etc of supervisory functions of Welsh Ministers: consultation);
e
section 13 (incorporation of Wales Audit Office) except in respect of provisions relating to employee members;
f
section 14 (powers);
g
section 15 (efficiency);
h
section 16 (relationship with the Auditor General);
i
section 17(2) and (3) (WAO to monitor and provide advice) insofar as it is necessary to prepare the code of practice, annual plan and estimate of income and expenditure for the financial year 2014-2015;
j
section 18 (delegation and joint exercise of functions of the Auditor General) insofar as it is necessary to prepare the delegation scheme;
k
section 20 (expenditure) only insofar as it relates to the financial year 2014-2015;
l
section 24 (scheme for charging fees);
m
section 25 (annual plan);
n
section 26 (annual plan: National Assembly);
o
section 27 (annual plan: effect);
p
section 28 (functions of the National Assembly);
q
section 29(1), (2) ,(3)(b) and (c) and (4) (indemnification);
r
section 31 (directions);
s
section 32 (interpretation);
t
section 33 (transitional, supplementary and saving provisions etc);
u
in Schedule 1 (incorporation of Wales Audit Office)—
i
paragraph 1 (membership) except in respect of provisions relating to the employee members;
ii
paragraph 2 (appointment of non-executive and employee members) except in respect of provisions relating to the employee members;
iii
paragraph 3 (status) except in respect of provisions relating to the employee members;
iv
paragraph 4 (appointment of non-executive members);
v
paragraph 5 (appointment of chair of the WAO);
vi
paragraph 6 (period of appointment and re-appointment);
vii
paragraph 7 (remuneration arrangements);
viii
paragraph 8 (other terms of appointment);
ix
paragraph 9 (consultation);
x
paragraphs 10, 11 and 12 (termination of appointments);
xi
paragraph 13 (additional remuneration of the Auditor General);
xii
paragraph 26 (disqualification as member of, or employee of, the WAO) except in respect of provisions relating to the employee members;
xiii
paragraph 27 (general);
xiv
paragraph 28 (quorum for WAO meetings);
xv
paragraph 29(1) (committees);
xvi
paragraph 30 (ballots);
xvii
paragraph 31 (validity); and
xviii
paragraph 32 (delegation of functions) except in relation to employee members and employees;
v
in Schedule 2 (relationship between the Auditor General and the WAO)—
i
paragraph 1 (preparation and approval etc);
ii
paragraph 2 (content); and
iii
paragraphs 5 to 14 (temporary exercise of the functions of Auditor General by another person);
w
in Schedule 3 (transitional, supplementary and saving provisions)—
i
paragraph 4 (WAO’s procedural rules before rules are made under paragraph 27 of Schedule 1); and
ii
paragraph 13 (indemnification); and
x
paragraph 79(2) of Schedule 4 (minor and consequential amendments) insofar as it relates to paragraph 12 of Schedule 8 to the Government of Wales Act 20062.
Provisions coming into force on 1 April 20143
1
All other provisions of the Act come into force on 1 April 2014 insofar as they have not been commenced in accordance with article 2.
2
The Schedule to this Order provides for consequential amendments which come into force on 1 April 2014.
Transitional Provisions4
1
In relation to the period where an auditor’s appointment under section 13 of the Public Audit (Wales) Act 20043 is continued by paragraph 2(2) of Schedule 3 to the Act, the following have effect as if they had not been amended by this Order—
a
the definition of “the auditor” in regulation 2 of the Local Authorities (Contracts) Regulations 19974;
b
regulation 6(5)(b) of the Education Standards Grants (Wales) Regulations 20025;
c
regulation 5(4)(b) of the Education (Capital Grants) (Wales) Regulations 20026;
d
regulation 6(6)(b) of the Education (Assembly Learning Grant Scheme) (Wales) Regulations 20027; and
e
the Accounts and Audit (Wales) Regulations 20058.
2
The appointment of any person as an auditor under section 145B(5)(b) of the Government of Wales Act 19989 continues to have effect until the end of the period for which the appointment was made (subject to any earlier termination).
3
The amendments made to article 4(2)(c)(v) of the Construction Contracts (England and Wales) Exclusion Order 199810 by this Order do not apply to contracts entered into on or before 31 March 2014.
Saving Provision5
Paragraphs 13, 14 and 15 of Schedule 8 to the Government of Wales Act 2006 are saved for the purposes of the accounts of the Auditor General for Wales for the financial year 2013-2014.