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[uk-legislation-anaw][anaw] 2024-05-03
http://www.legislation.gov.uk/anaw/2013/3/2019-07-23
http://www.legislation.gov.uk/anaw/2013/3/2019-07-23 Public Audit (Wales) Act 2013 An Act of the National Assembly for Wales to make provision reforming audit arrangements in Wales; continuing the office of Auditor General for Wales and creating a new body to be known as the Wales Audit Office; providing for the Auditor General for Wales to audit local government bodies in Wales; and for connected purposes. text text/xml en Statute Law Database 2023-02-17 Expert Participation 2019-07-23 Public Audit (Wales) Act 2013 Deddf Archwilio Cyhoeddus (Cymru) 2013 s. 28(2) Senedd Cymru (Members and Elections) Act 2024 Deddf Senedd Cymru (Aelodau ac Etholiadau) 2024 s. 4(6) s. 25(4) Public Audit (Wales) Act 2013 Deddf Archwilio Cyhoeddus (Cymru) 2013 s. 51(3) - (5) Senedd Cymru (Members and Elections) Act 2024 Deddf Senedd Cymru (Aelodau ac Etholiadau) 2024 s. 5(b) s. 25(4) Public Audit (Wales) Act 2013 Deddf Archwilio Cyhoeddus (Cymru) 2013 s. 11(2) Local Government and Elections (Wales) Act 2021 Deddf Llywodraeth Leol ac Etholiadau (Cymru) 2021 s. 170(2)(b)(i) s. 175(7) Public Audit (Wales) Act 2013 Deddf Archwilio Cyhoeddus (Cymru) 2013 Sch. 4 para. 83-88 and cross-heading Local Government and Elections (Wales) Act 2021 Deddf Llywodraeth Leol ac Etholiadau (Cymru) 2021 s. 170(2)(b)(ii) s. 175(7) Public Audit (Wales) Act 2013 Deddf Archwilio Cyhoeddus (Cymru) 2013 s. 23(3)(ba) Visitor Accommodation (Register and Levy) Etc. (Wales) Act 2025 Deddf Llety Ymwelwyr (Cofrestr ac Ardoll) Etc. (Cymru) 2025 Sch. 2 para. 18 s. 67(2) Public Audit (Wales) Act 2013 2013 anaw 3 An Act of the National Assembly for Wales to make provision reforming audit arrangements in Wales; continuing the office of Auditor General for Wales and creating a new body to be known as the Wales Audit Office; providing for the Auditor General for Wales to audit local government bodies in Wales; and for connected purposes. [29 April 2013] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: Introduction Overview 1 The main provisions of this Act— a prescribe that the office of Auditor General for Wales is to continue upon the terms set out in Part 1, Chapter 1; b create a new corporate body called the Wales Audit Office (the “WAO”) and confer functions upon it (Part 2 and Schedules 1 and 2); c prescribe governance arrangements for the Auditor General for Wales and the WAO, including arrangements for oversight of the Auditor General by the WAO, and provisions regarding the relationship between the two (Part 2, Chapter 2 and Schedules 1 and 2); d prescribe how the functions of the Auditor General for Wales are to be exercised, and make provision for the Auditor General to audit the accounts of local government bodies in Wales (Part 1, Chapter 2). PART 1 AUDITOR GENERAL FOR WALES CHAPTER 1 THE OFFICE OF AUDITOR GENERAL FOR WALES Office of Auditor General for Wales 2 1 The office of Auditor General for Wales (the “Auditor General”) is to continue. 2 It is for Her Majesty to appoint a person to be Auditor General on the nomination of the National Assembly. 3 No nomination is to be made until the National Assembly is satisfied that reasonable consultation has been undertaken with such bodies as appear to the Assembly to represent the interests of local government bodies in Wales. 4 The person appointed holds office for up to 8 years. 5 The person may not be appointed again. 6 The validity of any act or omission of a person appointed as Auditor General is not affected by any defect in the person's nomination or appointment. Resignation or removal 3 1 A person appointed as Auditor General holds office until the end of the period for which the person was appointed (subject to subsections (2) and (3)). 2 Her Majesty may relieve a person from office as Auditor General before the end of the period for which the person was appointed— a at the person's request, or b on Her Majesty being satisfied that the person is incapable for medical reasons of performing the duties of the office and of requesting to be relieved of it. 3 Her Majesty may remove a person from office as Auditor General before the end of the period for which the person was appointed on the making of a recommendation, on the ground of the person's misbehaviour, that Her Majesty should do so. 4 A recommendation for the removal of a person from office as Auditor General may not be made unless— a the National Assembly has resolved that the recommendation should be made, and b the resolution of the Assembly is passed on a vote in which the number of Assembly members voting in favour is not less than two-thirds of the total number of Assembly seats. Disqualification 4 1 A person cannot be appointed as Auditor General if the person is disqualified on any of the grounds specified in subsection (3). 2 A person ceases to be Auditor General if the person is disqualified on any of the grounds specified in subsection (3). 3 A person is disqualified from being Auditor General if the person is— a a Member of the National Assembly; b the holder of any other office or position to which a person may be appointed, or recommended or nominated for appointment, by or on behalf of— i the Crown, ii the National Assembly, or iii the National Assembly Commission; c a Member of the House of Commons or House of Lords; d a Member of the Scottish Parliament; e a Member of the Northern Ireland Assembly; f an employee of the Wales Audit Office. Employment etc of former Auditor General 5 1 This section applies to a person who was appointed as Auditor General under this Part but who no longer holds that office. 2 Before— a taking up an office or position of a description specified by the National Assembly, or b entering into an agreement or other arrangement of a description so specified, the person must consult any person specified by the National Assembly. 3 The National Assembly must publish a list of— a the offices and positions specified for the purposes of subsection (2)(a); b the agreements and other arrangements specified for the purposes of subsection (2)(b). 4 Subsections (5) and (6) apply for a period of 2 years starting with the day on which the person ceases to be Auditor General. 5 The person must not— a hold an office or position to which a person may be appointed, or recommended or nominated for appointment, by or on behalf of— i the Crown, ii the National Assembly, or iii the National Assembly Commission; or b be a member, director, officer or employee of a person listed in subsection (7). 6 The person must not, in any capacity, provide services to— a the Crown or any body or other person acting on behalf of the Crown, b the National Assembly or any body or other person acting on behalf of the Assembly, c the National Assembly Commission or any body or other person acting on behalf of the Commission, or d a person listed in subsection (7). 7 The persons are— a a person whose accounts, or statements of accounts, fall to be examined by the Auditor General in accordance with provision made by or by virtue of an enactment; b a person to whom a value for money study or examination carried out by the Auditor General in accordance with provision made by or by virtue of an enactment relates; c a person to whom a study carried out by the Auditor General in accordance with section 145A(2) of the Government of Wales Act 1998 (studies relating to the provision of services by any relevant body or bodies) relates; d a registered social landlord to whom the Auditor General provides advice or assistance under section 145D of the Government of Wales Act 1998; e a person in respect of whom the Auditor General has functions, or in respect of whom the Auditor General exercises functions on behalf of the Welsh Ministers, by virtue of section 146A of the Government of Wales Act 1998 (transfer of functions of Welsh Ministers); f a person to whose financial affairs and transactions accounts prepared by the Welsh Ministers under section 131 of the Government of Wales Act 2006 are to relate by virtue of subsection (3) of that section; g a person to whose financial affairs and transactions accounts prepared by the National Assembly Commission under section 137 of the Government of Wales Act 2006 are to relate by virtue of subsection (2) of that section. 8 But subsections (5) and (6) do not prevent a person from holding any of the following offices— a Comptroller and Auditor General; b Auditor General for Scotland; c Comptroller and Auditor General for Northern Ireland. 9 In this section, “ a value for money study or examination ” means a study or examination into the economy, efficiency and effectiveness with which a person has discharged that person's functions, or has used resources in discharging those functions. Status etc 6 1 The person for the time being holding the office of Auditor General continues, by the name of that office, to be a corporation sole. 2 The Auditor General is not to be regarded as holding office under Her Majesty or as exercising any functions on behalf of the Crown. 3 But the Auditor General is to be taken to be a Crown servant for the purposes of the Official Secrets Act 1989. Remuneration 7 1 Before a person is appointed as Auditor General, remuneration arrangements are to be made in respect of that person by the National Assembly. 2 But before those arrangements can be made, the First Minister must be consulted. 3 The remuneration arrangements— a may make provision for a salary, allowances, gratuities, arrangements for a pension and other benefits, and b may include a formula or other mechanism for adjusting one or more of those elements from time to time. 4 But no element is to be performance-based. 5 The National Assembly Commission must make payments to the Minister for the Civil Service, at such times as the Minister may determine, of such amounts as may be so determined, in respect of— a the provision of pensions, allowances, gratuities or other benefits by virtue of section 1 of the Superannuation Act 1972 to or in respect of any person who holds or has ceased to hold office as Auditor General, and b the expenses incurred in administering those pensions, allowances, gratuities or other benefits. 6 Amounts payable by virtue of this section are to be charged on, and paid out of, the Welsh Consolidated Fund. CHAPTER 2 AUDITOR GENERAL'S FUNCTIONS General provision about the exercise of the Auditor General's functions etc How functions are to be exercised 8 1 The Auditor General has complete discretion as to the manner in which the functions of that office are exercised and is not subject to the direction or control of the National Assembly or the Welsh Government. 2 But this discretion is subject to subsection (3). 3 The Auditor General must— a aim to carry out his or her functions efficiently and cost-effectively; b have regard, as he or she considers appropriate, to the standards and principles that an expert professional provider of accounting or auditing services would be expected to follow; c have regard to advice given to him or her by the WAO (see section 17(3)). Supplementary powers 9 1 The Auditor General may do anything calculated to facilitate, or which is incidental or conducive to, the carrying out of any of the Auditor General's functions. 2 But the Auditor General may not do anything which is or could become the responsibility of the WAO by virtue of paragraphs (a) to (c) of section 21(2) (provision of resources for Auditor General's functions). Code of audit practice 10 1 The Auditor General must issue a code of audit practice prescribing the way in which the functions of the Auditor General specified in subsection (2) are to be carried out. 2 The functions are— a examining any accounts or statements of accounts that fall to be examined by the Auditor General in accordance with provision made by or by virtue of an enactment; b carrying out, undertaking or promoting value for money studies or examinations in accordance with provision made by or by virtue of an enactment; c those contained in, or transferred to the Auditor General under, the following provisions of the Government of Wales Act 1998— i section 145A(2) (undertaking or promoting other studies relating to the provision of services by certain bodies); ii section 145C(8) (disclosing information obtained in the course of a study in respect of a registered social landlord to the Welsh Ministers); iii section 145D (providing advice and assistance to a registered social landlord); iv section 146 (transfer of functions of the Comptroller and Auditor General in respect of certain bodies to the Auditor General); v section 146A (transfer etc to the Auditor General of supervisory functions of Welsh Ministers in respect of certain bodies); vi section 147 (transfer of functions of the Comptroller and Auditor General in respect of the Environment Agency to the Auditor General); d those contained in the following provisions of the Public Audit (Wales) Act 2004— i Part 2 (audit of local government bodies in Wales); ii section 45 (conducting, or assisting the Secretary of State in conducting, benefit administration studies); iii section 51 (referring matters related to social security to the Secretary of State); e those contained in the following provisions of Schedule 8 to the Government of Wales Act 2006— i paragraph 17 (access to documents); ii paragraph 20 (certification of claims, returns etc at the request of a body). 3 The Auditor General must comply with the code. 4 The code must embody what appears to the Auditor General to be the best professional practice with respect to the standards, procedures and techniques to be adopted in carrying out functions of a kind specified in subsection (2). 5 The code may make different provision for different cases or classes of case. 6 Before issuing the code (including any revised code) the Auditor General must consult such persons as the Auditor General thinks appropriate. 7 The Auditor General must arrange for the code (including any revised code) to be published. 8 In this section, “ a value for money study or examination ” means a study or examination into the economy, efficiency and effectiveness with which a person has discharged that person's functions, or has used resources in discharging those functions. Functions relating to local government Audit of local government bodies 11 1 For section 13 of the Public Audit (Wales) Act 2004 (audit of accounts of local government bodies in Wales) substitute— Audit of accounts of local government bodies in Wales 13 1 A local government body in Wales— a must make up its accounts each year to 31 March or such other date as the Welsh Ministers may generally or in any special case direct; b must ensure that its accounts are audited in accordance with this Chapter. 2 The Auditor General for Wales must audit the accounts of local government bodies in Wales. . 2 In section 16 of the Local Government (Wales) Measure 2009 (meaning of “ relevant regulators ” and “ relevant functions ”), omit paragraph (e) of subsection (2). Provision relating to the transfer of supervisory functions of the Welsh Ministers Transfer etc of supervisory functions of Welsh Ministers: consultation 12 In the Government of Wales Act 1998, in section 146A (transfer etc to the Auditor General of supervisory functions of Welsh Ministers in respect of certain bodies), after subsection (1) insert— 1A But before making an order under subsection (1), the Welsh Ministers must consult the Wales Audit Office. . PART 2 THE WALES AUDIT OFFICE AND ITS RELATIONSHIP WITH THE AUDITOR GENERAL CHAPTER 1 THE WALES AUDIT OFFICE Incorporation of Wales Audit Office 13 1 There is to be a body corporate called the Wales Audit Office (“the WAO”). 2 Schedule 1 contains provision about the WAO. Powers 14 The WAO may do anything (including acquiring or disposing of any property or rights and accepting gifts of money or other property) which is calculated to facilitate, or which is incidental or conducive to, the exercise of any of its functions. Efficiency 15 The WAO must aim to carry out its functions efficiently and cost-effectively. CHAPTER 2 RELATIONSHIP BETWEEN THE AUDITOR GENERAL AND THE WAO General Relationship with the Auditor General 16 1 The Auditor General is to be the chief executive (but not an employee) of the WAO. 2 Schedule 2 contains further provision about the relationship between the WAO and the Auditor General. WAO to monitor and provide advice 17 1 The WAO must, in such manner as it considers appropriate, monitor the exercise of the Auditor General's functions. 2 The WAO may provide advice to the Auditor General about the Auditor General's functions. 3 The Auditor General must have regard to any advice given. Delegation and joint exercise of functions of the Auditor General 18 1 The Auditor General may delegate any of the functions of that office to— a an employee of the WAO, b a person who provides services to the WAO, or c an employee of the WAO and a person who provides services to the WAO acting jointly. 2 But a function may only be delegated if the employee or other person is authorised (or in the case of subsection (1)(c) both are authorised) to exercise functions of the Auditor General under a scheme prepared by the Auditor General. 3 A scheme must describe the conditions subject to which a delegation under subsection (1) must be made. 4 An employee or other person may not be authorised under a scheme unless the employee or person agrees to comply with the code of audit practice issued under section 10(1). 5 A scheme may include different provision for different cases or classes of case. 6 The Auditor General may revise a scheme at any time. 7 In preparing or revising a scheme the Auditor General must consult the WAO. 8 If the scheme makes provision to that effect, any function of the Auditor General may be exercised jointly by— a the Auditor General and an employee of the WAO, b the Auditor General and a person who provides services to the WAO, or c the Auditor General, an employee of the WAO and a person who provides services to the WAO. 9 A delegation does not prevent the Auditor General from doing anything personally. 10 Provision made under subsection (1) for the delegation of a function, or under subsection (8) for the joint exercise of a function, does not affect the Auditor General's responsibility for that function. 11 The function of preparing a scheme under this section may not be delegated. Provision of services Provision of services 19 1 Arrangements may be made between the WAO and a relevant authority— a for any function of the authority to be exercised by the WAO or by an employee of the WAO; b for any function of the authority to be exercised by the Auditor General; c for administrative, professional or technical services to be provided— i to or for the purposes of the authority by the WAO, ii by, or on behalf of, the authority to the WAO, or iii by, or on behalf of, the authority to the Auditor General; d for administrative, professional or technical services to be provided to or for the purposes of the authority by the Auditor General. 2 But the WAO must consult the Auditor General before entering into arrangements of the type mentioned in subsection (1)(b), (c)(iii) or (d). 3 Any arrangements under subsection (1)(a) or (b) for the exercise of a function of a relevant authority do not affect the relevant authority's responsibility for that function. 4 If the condition in subsection (5) is met, the WAO and a relevant authority, a qualified auditor, or an accountancy body may— a make arrangements to co-operate with, and give assistance to, each other, or b make arrangements for that authority, auditor or body and the Auditor General to co-operate with, and give assistance to, each other. 5 The condition is that— a the WAO considers that to do so would facilitate, or be conducive to, the exercise of the functions of the Auditor General or the WAO, and b the relevant authority, qualified auditor or accountancy body in question considers that to do so would facilitate, or be conducive to, the exercise of the functions of that authority, person or body. 6 But the WAO must consult the Auditor General before entering into arrangements of the type mentioned in subsection (4)(b). 7 The WAO may make arrangements under this section on such terms, including terms about payment, as the WAO thinks fit. 8 But terms relating to payment to the WAO must be made in accordance with a scheme for charging fees prepared under section 24. 9 In this section— “accountancy body”means— a body which is a recognised supervisory body for the purposes of Part 42 of the Companies Act 2006, or an approved European body of accountants; “ qualified auditor ” means a person who is— eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006, or a member of an approved European body of accountants; “ approved European body of accountants ” means a body of accountants which— is established in the United Kingdom or another EEA state, and is for the time being approved by the Welsh Ministers by order; “ relevant authority ” means any Minister of the Crown or government department, any public authority (including any local authority), or the holder of any public office. Income and expenses Expenditure 20 1 For each financial year the Auditor General and the WAO must jointly— a prepare an estimate of the income and expenses of the WAO, and b lay the estimate before the National Assembly. 2 Each estimate must cover (amongst other things) the resources required for the purposes of section 21 (resources for Auditor General). 3 Each estimate must be laid before the National Assembly at least five months before the beginning of the financial year to which it relates. 4 The National Assembly may make any modifications to the estimate which it considers appropriate (subject to subsection (5)). 5 No modification can be made under subsection (4) unless— a the Auditor General and the WAO have been consulted, and b any representations that either may make have been taken into account. Provision of resources for Auditor General's functions 21 1 The WAO must provide resources for the exercise of the Auditor General's functions as required by the Auditor General. 2 In particular, the WAO is responsible for— a employing staff to assist in the exercise of those functions; b securing services from any person for the purposes of those functions; c holding property for the purposes of those functions; d holding documents or information acquired or generated in the course of, or otherwise for the purposes of, those functions (see paragraph 4(2) of Schedule 2); e keeping records in relation to those functions. Borrowing 22 The WAO may borrow sums in sterling (by way of overdraft or otherwise) to be applied for the purpose of meeting a temporary excess of expenditure over sums otherwise available to meet it. Fees General provision relating to fees 23 1 Fees and other sums received by the Auditor General must be paid to the WAO. 2 The WAO may charge a fee in relation to the audit of a person's accounts or statement of accounts by the Auditor General. 3 The WAO may charge a fee in relation to— a an examination, certification or report under paragraph 18(3) of Schedule 8 to the Government of Wales Act 2006 (certain examinations into the economy etc with which a person has used resources); b an examination under section 145 of the Government of Wales Act 1998 (examinations into the use of resources) or a study under section 145A of that Act (studies for improving economy etc in services), where undertaken at a person's request; ba an examination, certification or report under section 31 of the Tax Collection and Management (Wales) Act 2016 in respect of the Welsh Revenue Authority's Tax Statement; c an examination or study undertaken by the Auditor General at a person's request under section 46(4) of the Environment Act 1995; ca an examination under section 15 of the Well-being of Future Generations (Wales) Act 2015 (anaw 2) (examinations of public bodies for the purposes of assessing the extent to which a body has acted in accordance with the sustainable development principle); d any services provided or functions exercised under section 19. 4 The WAO must charge a fee in relation to— a the provision of services to a body under paragraph 20 of Schedule 8 to the Government of Wales Act 2006 (certification of claims, returns etc at the request of a body); b a study at the request of an educational body under section 145B of the Government of Wales Act 1998. 5 Fees under this section— a may only be charged in accordance with a scheme prepared by the WAO under section 24; b may not exceed the full cost of exercising the function to which the fee relates; c are payable to the WAO by the person to whom the function being exercised relates. Scheme for charging fees 24 1 The WAO must prepare a scheme relating to the charging of fees by the WAO. 2 The scheme must include the following— a a list of the enactments under which the WAO may charge a fee; b where those enactments make provision for the WAO to prescribe a scale or scales of fees, that scale or those scales; c where those enactments make provision for the WAO to prescribe an amount to be charged, that amount; d where no provision is made for a scale or scales of fees or for an amount to be prescribed, the means by which the WAO is to calculate the fee. 3 The scheme may, amongst other things— a include different provision for different cases or classes of case, and b provide for times at which and the manner in which payments are to be made. 4 The WAO— a must review the scheme at least once in every calendar year, b may revise or remake the scheme at any time, and c must lay the scheme (and any revision to it) before the National Assembly. 5 Where the Welsh Ministers prescribe a scale or scales of fees under— a section 64F of the Public Audit (Wales) Act 2004 (fees for data matching), or b section 27A of the Local Government (Wales) Measure 2009 (Welsh Ministers' power to prescribe a scale of fees), to have effect instead of a scale or scales prescribed by the WAO, the WAO must revise the scheme to include the scale or scales prescribed by the Welsh Ministers instead of those prescribed by the WAO. 6 If a revision made in accordance with subsection (5) is the only revision to a scheme, it does not require the approval of the National Assembly. 7 The scheme takes effect when approved by the National Assembly or, in the case of a revision made in accordance with subsection (5), once it has been laid before the Assembly. 8 The WAO must publish the scheme (and any revision to it) as soon as reasonably practicable after it takes effect. Annual plan Annual plan 25 1 Before the beginning of each financial year, the Auditor General and the WAO must jointly prepare an annual plan for that year. 2 The annual plan must set out the following— a the Auditor General's work programme; b the WAO's work programme; c the resources available, and which may become available, to the WAO; d how those resources are to be used in order to undertake the Auditor General's programme; e how those resources are to be used in order to undertake the WAO's programme; f the maximum amount of the resources available, and which may become available, that it is anticipated will be allocated by the WAO to the Auditor General for the purpose of undertaking the Auditor General's programme. 3 In this Chapter— “ Auditor General's work programme ” means the Auditor General's priorities for the year in exercising his or her functions; “ WAO's work programme ” means the WAO's priorities for the year in exercising its functions under this Act. Annual plan: National Assembly 26 The Auditor General and the chair of the WAO must lay the annual plan before the National Assembly. Annual plan: effect 27 The Auditor General and the WAO are not to be bound by the annual plan, but they must have regard to it in the exercise of their functions, including (but not limited to) when exercising functions relating to the provision of resources by the WAO to the Auditor General under section 21. PART 3 MISCELLANEOUS AND GENERAL Functions of the National Assembly 28 1 The National Assembly may by standing orders make provision regarding the exercise of the functions conferred upon it by or under this Act. 2 Such provision includes, but is not limited to, delegating functions to the Presiding Officer, the Deputy Presiding Officer, a committee or sub-committee of the National Assembly or the chair of such a committee or sub-committee. 3 This section does not apply to the National Assembly's functions under section 30 (orders). Indemnification 29 1 There is to be charged on and paid out of the Welsh Consolidated Fund any amount payable by an indemnified person in consequence of any liability for a breach of duty. 2 The liability must not be to another indemnified person. 3 The following are indemnified persons— a a former or current Auditor General appointed under this Act; b the WAO; c a former or current member of the WAO; d a former or current employee of the WAO; e a person who is providing, or has provided, services to the Auditor General or to the WAO under arrangements made by the WAO. 4 A breach of duty for the purposes of subsection (1) means a breach of duty (whether under a contract or agreement or otherwise, and whether by reason of an act or omission) incurred by an indemnified person in exercising functions that fall to be exercised by that person in accordance with the provision of an enactment. Working with the Public Services Ombudsman for Wales 29A 1 Where the Public Services Ombudsman for Wales consults the Auditor General under section 68 of the Public Services Ombudsman (Wales) Act 2019 (anaw 3), the Ombudsman and the Auditor General may— a co-operate with each other in relation to the matter, b conduct a joint investigation into the matter, and c prepare and publish a joint report in relation to the investigation. Orders 30 1 A power of the Welsh Ministers to make an order under this Act is exercisable by statutory instrument. 2 A statutory instrument containing an order under section 33 (transitional, supplementary etc provision) that contains a provision amending, repealing or otherwise modifying an enactment (other than an enactment contained in subordinate legislation) or prerogative instrument may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly. 3 Any other statutory instrument containing an order under this Act, apart from an instrument containing only an order under section 35 (commencement), is subject to annulment in pursuance of a resolution of the National Assembly. 4 Any power of the Welsh Ministers to make an order under this Act (apart from an order under section 35 (commencement)) includes power— a to make different provision for different cases or classes of case, or for different purposes; b to make provision generally or subject to specific exemptions or exceptions, or in relation to specific cases or classes of case; c to make such supplementary, transitional, transitory, consequential, saving, incidental and other provision as the Welsh Ministers think necessary or appropriate. Directions 31 1 Any direction given under this Act— a must be given in writing; b may be varied or revoked by a later direction; c may make provision generally or in relation to specific cases or classes of case; d may make different provision for different cases or classes of case, or for different purposes. 2 Subsection (1) does not limit the powers under this Act to give directions. Interpretation 32 In this Act— “ Auditor General ” (“ Archwilydd Cyffredinol ”) means the Auditor General for Wales (see Chapter 1 of Part 1); “ enactment ” (“ deddfiad ”) means any enactment whenever passed or made, including— an enactment contained in this Act, any other Act of the Assembly or an Assembly Measure, and subordinate legislation (within the meaning given in the Interpretation Act 1978), whether made under an Act of the Assembly, an Assembly Measure or otherwise; “ financial year ” (“ blwyddyn ariannol ”) means the 12 months ending with 31 March; “ local government body ” (“ corff llywodraeth leol ”) has the meaning given in section 12 of the Public Audit (Wales) Act 2004; “ National Assembly ” (“ Cynulliad Cenedlaethol ”) means the National Assembly for Wales; “ National Assembly Commission ” (“ Comisiwn y Cynulliad Cenedlaethol ”) means the National Assembly for Wales Commission; “ WAO ” (“ SAC ”) means the Wales Audit Office (see Chapter 1 of Part 2); “ Welsh Government ” (“ Llywodraeth Cymru ”) means the Welsh Assembly Government. Transitional, supplementary and saving provisions etc 33 1 Schedule 3 (transitional etc provisions) has effect. 2 The Welsh Ministers may by order make such supplementary, transitional, transitory, consequential, saving, incidental and other provision as they think appropriate in connection with, or to give full effect to, this Act. 3 The provision that may be made under subsection (2) includes, amongst other things, amendments, repeals and revocations of any enactment or prerogative instrument. 4 Nothing in Schedule 3 limits the power conferred by subsection (2); and such an order may, amongst other things, make modifications of that Schedule. Minor and consequential amendments 34 Schedule 4 (minor and consequential amendments) has effect. Commencement 35 1 The following provisions come into force on the day on which this Act receives Royal Assent— a section 30; b this section; c section 36. 2 Subject to subsection (1), this Act comes into force in accordance with provision made by the Welsh Ministers by order. 3 An order under subsection (2) may— a make provision for different days to be appointed for different purposes; b include supplementary, transitional, transitory, consequential, saving, incidental and other provision in relation to commencement. Short title 36 The short title of this Act is the Public Audit (Wales) Act 2013. SCHEDULE 1 Incorporation of Wales Audit Office (introduced by section 13(2)) PART 1 MEMBERSHIP AND STATUS Membership 1 1 The WAO is to have 9 members. 2 They are to be— a 5 persons who are not employees of the WAO (“non-executive members”) (see Part 2 of this Schedule), b the Auditor General (see Part 3 of this Schedule), and c 3 employees of the WAO (“the employee members”) (see Parts 4 and 5 of this Schedule). Appointment of non-executive and employee members 2 1 The members of the WAO (other than the Auditor General) are to be appointed in accordance with the provisions of this Schedule. 2 All appointments must be on merit. 3 A person cannot be appointed as a member of the WAO if the person is disqualified from being appointed on any of the grounds specified in Part 6 of this Schedule. 4 A person ceases to be a member of the WAO if the person is disqualified on any of those grounds. Status 3 1 Neither the WAO nor any of its members is to be regarded— a as the servant or agent of the Crown, or b as enjoying any status, immunity or privilege of the Crown. 2 But members of the WAO are to be taken to be Crown servants for the purposes of the Official Secrets Act 1989. 3 The WAO's property is not to be regarded as property of, or held on behalf of, the Crown. 4 This paragraph does not apply to the Auditor General (and for provisions about the status of the Auditor General, see section 6). PART 2 NON-EXECUTIVE MEMBERS Appointment of non-executive members 4 1 Non-executive members are to be appointed by the National Assembly. 2 Appointments made under sub-paragraph (1) must be based on the conclusions of a fair and open competition. Appointment of chair of the WAO 5 1 The chair of the WAO is to be appointed by the National Assembly from amongst the non-executive members. 2 But no appointment can be made until the First Minister has been consulted. 3 The National Assembly may extend an appointment under this paragraph in accordance with the procedure required for the original appointment. 4 An extension of an appointment counts as a separate appointment for the purposes of paragraphs 6 to 8. Period of appointment and re-appointment 6 1 An appointment under this Part of this Schedule is to be for a period of no more than 4 years. 2 A person may not be appointed under this Part of this Schedule more than twice. Remuneration arrangements 7 1 The National Assembly may make remuneration arrangements in relation to the person who chairs the WAO (subject to sub-paragraph (2) and paragraph 9). 2 But no arrangements can be made until the First Minister has been consulted. 3 Amounts payable by virtue of sub-paragraph (1) are to be charged on, and paid out of, the Welsh Consolidated Fund. 4 The National Assembly may make remuneration arrangements in relation to any other non-executive member. 5 Amounts payable under sub-paragraph (4) are to be paid by the WAO. 6 Remuneration arrangements under this paragraph— a may provide for a salary, allowances, gratuities, and other benefits to cover expenses properly and necessarily incurred, but not for a pension, and b may include a formula or other mechanism for adjusting one or more of those elements from time to time. 7 But no element is to be performance-based. Other terms of appointment 8 1 The National Assembly may determine other terms for an appointment under this Part of this Schedule (subject to paragraph 9). 2 Those terms may include restrictions on— a the offices or positions (including offices and positions to which persons may be appointed, or recommended or nominated for appointment, by or on behalf of the Crown, the National Assembly, or the National Assembly Commission)— i that the non-executive member may hold while, or after ceasing to be, a member; ii that the chair of the WAO may hold while, or after ceasing to be, chair, and b the agreements or other arrangements (including agreements and arrangements with the Crown, the National Assembly or the National Assembly Commission or bodies or other persons acting on behalf of the Crown, the National Assembly or the National Assembly Commission)— i to which the non-executive member may be a party while, or after ceasing to be, a member; ii to which the chair of the WAO may be a party while, or after ceasing to be, chair. 3 But restrictions may only be imposed while a person is a non-executive member and for a maximum of 2 years afterwards, starting with the day on which the person ceases to be a non-executive member. Consultation 9 1 No arrangements under paragraph 7 or determination under paragraph 8 may be made unless there has been consultation with an appropriate person with oversight of public appointments. 2 Consultation required under sub-paragraph (1) is in addition to the consultation required under paragraph 7(2). Termination of appointments 10 1 The person who chairs the WAO may resign from the position of chair by giving written notice to the National Assembly. 2 A non-executive member may resign by giving written notice to the National Assembly. 3 The term of appointment of a person who resigns in accordance with sub-paragraphs (1) or (2) ends when the resignation is accepted. 11 1 The National Assembly may terminate the appointment of a non-executive member by giving the member written notice if— a the member has been absent from meetings of the WAO without the WAO's permission for a period or periods totalling 3 months or more in any 12 month period, b the member has become bankrupt or has made an arrangement with creditors, c the member's estate has been sequestrated in Scotland or the member has entered into a debt arrangement programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 as the debtor or has, under Scots law, made a composition or arrangement with, or granted a trust deed for, the member's creditors, d the member is unfit to continue the appointment because of misconduct, e the member has failed to comply with the terms of the appointment, or f the member is otherwise unable, unfit or unwilling to carry out the member's functions. 2 If a non-executive member whose appointment is terminated under sub-paragraph (1) is the chair of the WAO, that person's appointment as chair is also terminated. 12 1 The National Assembly may terminate the appointment of a non-executive member as chair of the WAO. 2 But before an appointment can be terminated the First Minister must be consulted. 3 The National Assembly may terminate the appointment if the chair of the WAO— a has failed to comply with the terms of appointment, or b is otherwise unwilling to carry out the functions of chairing the WAO. PART 3 AUDITOR GENERAL Additional remuneration of the Auditor General 13 1 The WAO may make provision for additional payments to be made to the Auditor General by way of allowances and other benefits to cover expenses properly and necessarily incurred by the Auditor General in his or her capacity as a member and chief executive of the WAO. 2 Payments made under sub-paragraph (1) may be made in addition to the remuneration payable to the Auditor General under section 7. 3 Amounts payable by virtue of sub-paragraph (1) are to be paid by the WAO. PART 4 EMPLOYEE MEMBERS Appointment 14 The employee members are to comprise— a a person appointed in accordance with paragraph 15 (“the appointed member”), and b 2 persons appointed in accordance with paragraph 16 (“the elected members”). The appointed member 15 1 The Auditor General must recommend a person to the non-executive members for appointment under this paragraph. 2 The non-executive members must— a appoint that person, or b require the Auditor General to recommend another person (in which event this sub-paragraph applies again and so on until someone is appointed). The elected members 16 1 The WAO must conduct a ballot of its staff for the purpose of appointing a person or, as the case may be, persons under this paragraph. 2 The elected members are to be appointed by the non-executive members in accordance with the result of the ballot. 3 An appointment made under this paragraph is to be treated as an appointment on merit for the purposes of paragraph 2(2) (appointment of WAO members to be on merit). Terms of appointment 17 1 The terms of the employee members' appointment are to be determined by the non-executive members. 2 The terms may include remuneration arrangements which— a may provide for allowances, gratuities, and other benefits to cover expenses properly and necessarily incurred by the person in the capacity of member of the WAO, and b may include a formula or other mechanism for adjusting one or more of those elements from time to time. 3 The remuneration arrangements may not provide for payment of a salary or, subject to sub-paragraph (5), a pension. 4 Amounts payable by virtue of sub-paragraph (2) are to be paid by the WAO. 5 If an employee member (“E”) is a participant in a pension scheme under the terms of E's employment with the WAO, the remuneration arrangements must (without affecting the continuity of that employment) provide for E's service as an employee member to be treated for the purposes of the scheme as service as an employee of the WAO. Other terms of appointment 18 1 The non-executive members may determine other terms for an appointment of an employee member. 2 Those terms may include restrictions on— a the offices or positions (including offices and positions to which persons may be appointed, or recommended or nominated for appointment, by or on behalf of the Crown, the National Assembly, or the National Assembly Commission) that the employee member may hold while, or after ceasing to be, a member; b the agreements or other arrangements (including agreements and arrangements with the Crown, the National Assembly or the National Assembly Commission or bodies or other persons acting on behalf of the Crown, the National Assembly or the National Assembly Commission) to which the employee member may be a party while, or after ceasing to be, a member. 3 But restrictions may only be imposed while a person is an employee member and for a maximum of 2 years afterwards, starting with the day on which the person ceases to be an employee member. Termination of appointments 19 The appointment of an employee member terminates— a if the terms of appointment provide for it to expire at the end of a period, at the end of that period, and b in any event, when the member ceases to be an employee of the WAO. 20 1 An employee member may resign by giving written notice to the non-executive members. 2 The appointment is terminated upon acceptance of the resignation by the non-executive members. 21 The non-executive members may terminate the appointment of an employee member by giving the member written notice if— a the member has been absent from meetings of the WAO without the WAO's permission for a period or periods totalling 3 months or more in any 12 month period, b the member has become bankrupt or has made an arrangement with creditors, c the member's estate has been sequestrated in Scotland or the member has entered into a debt arrangement programme under Part 1 of the Debt Arrangement and Attachment (Scotland) Act 2002 as the debtor or has, under Scots law, made a composition or arrangement with, or granted a trust deed for, the member's creditors, d the member is unfit to continue the appointment because of misconduct, e the member has failed to comply with the terms of the appointment, or f the member is otherwise unable, unfit or unwilling to carry out the member's functions. PART 5 EMPLOYEES Appointment 22 1 The WAO may employ staff. 2 A person cannot be appointed as a member of staff of the WAO if the person is disqualified from being appointed on any of the grounds specified in Part 6 of this Schedule. 3 A person ceases to be a member of staff of the WAO if the person is disqualified on any of those grounds. 4 Staff of the WAO are to be employed on such terms as the WAO may determine. 5 A person who is an employee of the WAO may not hold any office or position to which a person may be appointed, or recommended or nominated for appointment, by or on behalf of the Crown, the National Assembly or the National Assembly Commission. Status 23 A member of the staff of the WAO is not to be regarded— a as the servant or agent of the Crown, or b as enjoying any status, immunity or privilege of the Crown. 24 But a member of the staff of the WAO is to be taken to be a Crown servant for the purposes of the Official Secrets Act 1989. Remuneration arrangements 25 1 The WAO must pay employees such remuneration as may be provided for by or under the terms of their employment. 2 The WAO must make payments to the Minister for the Civil Service, at such times as the Minister may determine, of such amounts as may be so determined in respect of— a the provision of pensions, allowances, gratuities or other benefits by virtue of section 1 of the Superannuation Act 1972 to or in respect of any persons who are or have been members of the staff of the WAO, and b the expenses incurred in administering those pensions, allowances, gratuities or other benefits. PART 6 DISQUALIFICATION AS MEMBER OF, OR EMPLOYEE OF, THE WAO 26 1 A person cannot be appointed as a member or employee of the WAO if the person is disqualified on any of the grounds specified in sub-paragraph (3). 2 A person ceases to be a member or employee of the WAO if the person is disqualified on any of the grounds specified in sub-paragraph (3). 3 A person is disqualified from being a member or employee of the WAO if the person is— a a Member of the National Assembly; b the holder of any other office or position to which a person may be appointed, or recommended or nominated for appointment, by or on behalf of— i the Crown, ii the National Assembly, or iii the National Assembly Commission; c a Member of the House of Commons or House of Lords; d a Member of the Scottish Parliament; or e a Member of the Northern Ireland Assembly. 4 Sub-paragraph (3)(b) is to be disregarded in the case of the Auditor General. PART 7 PROCEDURAL RULES General 27 The WAO must make rules for the purpose of regulating the WAO's procedure. Quorum for WAO meetings 28 1 The rules must provide for a quorum for any meetings of the WAO (including meetings of committees or sub-committees set up under paragraph 29). 2 The rules may provide that different quorums may apply in different circumstances (for example, in relation to particular meetings or for particular purposes). 3 The rules must provide that in all circumstances a quorum cannot be met unless a majority of the members present are non-executive members. Committees 29 1 The rules may include— a provision for the setting up of committees of the WAO and for those committees to set up sub-committees, and b provision regulating the procedures of those committees and sub-committees. 2 An employee of the WAO who is not an employee member may be a member of a committee or sub-committee. 3 A person who is neither a member of the WAO nor an employee of the WAO may be a member of a committee or sub-committee, provided that no functions of the WAO are delegated to the committee or sub-committee (see paragraph 32). Ballots 30 The rules must include provision about the conduct of ballots for the purpose of appointing employee members (see paragraph 16). PART 8 OTHER MATTERS Validity 31 The validity of anything done by the WAO (including anything done by its non-executive members, the employee members, any committee or sub-committee and by any employee of the WAO) is not affected by— a a vacancy, or b a defective appointment. Delegation of functions 32 1 The WAO may delegate any of its functions to— a any of its members, employees or committees, or b a person who provides services to the WAO. 2 A committee may delegate functions (including functions delegated to it) to a sub-committee. 3 The delegation of a function does not prevent the WAO or the committee (as the case may be) from carrying out the function itself. 4 The delegation of a function does not affect the WAO's or the committee's responsibility for the function (as the case may be). 5 Functions under the following provisions may not be delegated— a section 20(1)(a) (estimating the income and expenses of the WAO for each financial year); b section 25(1) (preparing an annual plan for each financial year with the Auditor General); c paragraph 27 of Part 7 of this Schedule (making rules for the purpose of regulating the WAO's procedure); d paragraph 34(2) of Part 8 of this Schedule (recommending a person to audit the accounts of the WAO, etc); e paragraph 3 of Part 2 of Schedule 2 (jointly preparing a report or an interim report each financial year on the exercise of the functions of the Auditor General and the WAO); f paragraph 5 of Part 3 of Schedule 2 (designating another person to temporarily exercise the functions of the Auditor General). WAO accounts 33 1 The Auditor General is to be the accounting officer for the WAO. 2 The accounting officer must, for each financial year, in accordance with directions given by the Treasury— a keep proper accounts and proper records in relation to them, and b prepare a statement of accounts. 3 A statement of accounts must give a true and fair view of— a the state of the WAO's affairs at the end of the financial year, and b the WAO's income and expenditure in the financial year. 4 The directions which the Treasury may give include (but are not limited to) directions as to— a the financial affairs and transactions to which the accounts or statement of accounts are to relate; b the information to be contained in the accounts and the manner in which the accounts are to be presented; c the methods and principles in accordance with which the accounts are to be prepared; d the additional information (if any) that is to accompany the accounts or statement of accounts. 5 The directions which the Treasury may give may also include directions to prepare accounts relating to financial affairs and transactions of persons other than the WAO. 6 The accounting officer for the WAO has, in relation to the accounts and finances of the WAO, such other responsibilities which are from time to time specified by the National Assembly. Audit etc of the WAO 34 1 It is for the National Assembly to appoint a person as auditor of the WAO's accounts, and to determine that person's terms of appointment. 2 The WAO may recommend a person for the purposes of sub-paragraph (1). 3 A person is eligible for appointment only if the person is a qualified auditor as defined in section 19. 4 If a person appointed as the auditor ceases to be a qualified auditor, the person ceases to be the auditor. 5 The person appointed as auditor must have regard to the standards and principles that an expert professional provider of accounting or auditing services would be expected to follow. 6 The WAO must pay the auditor such remuneration as may be provided for by or under the terms of the auditor's appointment. 35 1 A statement of accounts prepared under paragraph 33 must be— a signed by the accounting officer of the WAO, and b submitted by the chair of the WAO to the auditor appointed under paragraph 34, no later than 5 months after the end of the financial year to which the statement relates. 2 The auditor must— a examine and certify any statement of accounts received under sub-paragraph (1), and b lay the statement of accounts as certified by him or her, together with his or her report on it, before the National Assembly. 3 The auditor must, in particular, be satisfied from an examination of the statement of accounts— a that the expenditure to which the statement relates has been incurred lawfully and in accordance with the authority which governs it; b that money to which the statement relates, received by the WAO for a particular purpose or particular purposes, has not been expended otherwise than for that purpose or those purposes; c that the statement complies with the requirements of any enactment applicable to the accounts or statement; d that proper practices have been observed in the compilation of the statement. 4 The auditor has a right of access at all reasonable times to every document which appears to the auditor to be necessary for the purposes of the audit of the accounts. 5 The auditor may— a require any person holding or accountable for such document to provide any assistance, information or explanation which the auditor reasonably thinks necessary for those purposes; b require a relevant person to provide the auditor, at times specified by the auditor, with accounts of such of the transactions of the relevant person as the auditor may specify. 6 A “ relevant person ” means— a the Auditor General, b the WAO, or c any person to whose financial affairs and transactions the accounts relate in consequence of paragraph 33(5). 7 The auditor may— a carry out examinations into the economy, efficiency and effectiveness with which the Auditor General has used resources in discharging the Auditor General's functions; b carry out examinations into the economy, efficiency and effectiveness with which the WAO has used resources in discharging the WAO's functions; c lay a report of the results of any such examinations before the National Assembly. 8 For the purposes of carrying out such examinations, the auditor— a has a right of access at all reasonable times to every document in the possession, or under the control, of the Auditor General or the WAO which the auditor reasonably requires for those purposes; b may require any person holding or accountable for any of those documents to provide any assistance, information or explanation which the auditor reasonably thinks necessary for those purposes. Documentary evidence 36 1 The application of the WAO's seal is to be authenticated by the signature of— a a member of the WAO, or b an employee of the WAO authorised (whether generally or specifically) for that purpose by the WAO. 2 A document purporting to be duly executed under the WAO's seal or signed on its behalf— a is to be received in evidence, and b is to be taken to be executed or signed in that way, unless the contrary is proved. SCHEDULE 2 Relationship between the Auditor General and the WAO (introduced by section 16(2)) PART 1 CODE OF PRACTICE Preparation and approval etc 1 1 The WAO and the Auditor General must jointly prepare a code of practice dealing with the relationship between the WAO and the Auditor General. 2 In doing so, they must seek to reflect the principle set out in section 8(1) and (2). 3 The WAO and the Auditor General must jointly review the code regularly and revise it as appropriate. 4 The code (including any revision) must be approved by the National Assembly. 5 For this purpose, the chair of the WAO and the Auditor General must lay the code (or revision) before the National Assembly. 6 The WAO and the Auditor General must each comply with a code approved by the National Assembly. 7 The WAO and the Auditor General must arrange for an approved code to be published. Content 2 1 The code must include— a provision about how the WAO is to monitor the Auditor General's functions for the purposes of section 17(1); b provision about how advice is to be given by the WAO to the Auditor General for the purposes of section 17(2) (including the nature of the advice to be given); c provision about standards for corporate governance. 2 The code may include provision about any other matter relevant to the relationship between the WAO and the Auditor General. PART 2 REPORTS AND DOCUMENTS Reports 3 1 The Auditor General and the chair of the WAO must for each financial year jointly prepare an annual report on the exercise during the year of the functions of the Auditor General and the WAO. 2 An annual report must include (amongst other things) an assessment of the extent to which— a the exercise of the functions of the Auditor General and the WAO has been consistent with the annual plan prepared for the year under section 25; b the priorities set out in the plan were achieved. 3 At least once during each financial year the Auditor General and the chair of the WAO must also jointly prepare a report on the exercise of the functions of the Auditor General and the WAO (an “interim report”). 4 An interim report must include (amongst other things) an assessment of the extent to which— a the exercise of the functions of the Auditor General and the WAO has been consistent with the annual plan prepared for the year under section 25; b progress has been made to achieve the priorities set out in the plan. 5 Nothing in this paragraph prevents the National Assembly from requiring the Auditor General and chair of the WAO to prepare an interim report at any time during a financial year. 6 The Auditor General and the chair of the WAO must jointly— a lay the annual report before the National Assembly as soon as practicable after the end of a financial year; b lay interim reports before the National Assembly on dates to be determined from time to time by the Assembly. Documents and information 4 1 Any document or information which a person is required to provide, or may provide, to the Auditor General, may be provided to the WAO (either by that person or by the Auditor General). 2 For the purposes of section 3(2) of the Freedom of Information Act 2000 and regulation 3(2) of the Environmental Information Regulations 2004 (or any regulations replacing those regulations), any document or information held by the WAO as mentioned in section 21(2)(d) of this Act is treated as held by the WAO on its own behalf. PART 3 TEMPORARY EXERCISE OF THE FUNCTIONS OF AUDITOR GENERAL BY ANOTHER PERSON 5 The WAO, with the agreement of the National Assembly, may designate a person to exercise the functions of Auditor General temporarily in place of the Auditor General (“a temporary designation”). 6 A temporary designation may occur only in the following circumstances— a the office of Auditor General is vacant, b the Auditor General is unwilling to discharge the functions of the office, c the WAO and the National Assembly consider that the Auditor General is unable to discharge the functions of the office, or d the WAO and the National Assembly consider that there are grounds to remove the Auditor General from office because of misbehaviour. 7 The functions of the Auditor General referred to in paragraph 5 include (but are not limited to)— a functions as chief executive of the WAO (see section 16); b if relevant, functions as accounting officer of the WAO (see paragraph 33(1) of Part 8 of Schedule 1); c the power to delegate under section 18. 8 A person who is designated to exercise the functions of the Auditor General must be an employee of the WAO. 9 A person who is designated to exercise those functions will continue to be employed by the WAO on the same terms. 10 But that person will be designated to exercise functions on such additional terms (including terms as to remuneration) as are agreed by the WAO and the National Assembly. 11 The terms as to remuneration— a may provide for allowances, gratuities, and other benefits to cover expenses properly and necessarily incurred by the person in exercising the functions, and b may include a formula or other mechanism for adjusting one or more of those elements from time to time. 12 But the terms as to remuneration may not provide for payment of an additional salary or pension. 13 The WAO must pay the person such remuneration as may be provided for by or under any additional terms as to remuneration as are agreed. 14 The duration of a temporary designation in relation to a circumstance referred to in paragraph 6— a may not exceed 6 months, but b may be extended once by the WAO in relation to that circumstance, with the agreement of the National Assembly, for up to a further 6 months. SCHEDULE 3 Transitional, supplementary and saving provisions (introduced by section 33(1)) PART 1 THE AUDITOR GENERAL Previous Auditor General to continue to be Auditor General 1 1 This paragraph applies to the person who is the Auditor General immediately before the appointed day. 2 On and after the appointed day the person— a continues to be the Auditor General and is treated as having been appointed to that office under Part 1 of this Act; b holds the office for 8 years less a period equal to that during which the person was the Auditor General before the appointed day. 3 The person's remuneration arrangements under section 7 are to be made by the National Assembly before the appointed day (but are not to cover any period before the appointed day). 4 But before those arrangements can be made, the First Minister must be consulted. 5 In this paragraph “ the appointed day ” means the day on which this paragraph comes into force. Savings for auditors appointed under section 13 of the Public Audit (Wales) Act 2004 2 1 This paragraph applies where, immediately before the coming into force of section 11 (audit of accounts of local government bodies in Wales), an appointment of a person as an auditor in relation to the accounts of a local government body in Wales has effect under section 13 of the Public Audit (Wales) Act 2004. 2 That appointment of the person as an auditor continues to have effect until the end of the period for which the appointment was made (subject to any earlier termination). 3 The Public Audit (Wales) Act 2004 applies with the following modifications in relation to an auditor whose appointment is continued by sub-paragraph (2)— a Part 2 and section 64E(4) have effect as if they had not been amended by this Act, and b section 20 has effect as if each reference to the Auditor General for Wales were a reference to the WAO (and any scale of fees already prescribed by the Auditor General for Wales under that section continues to have effect in relation to the auditor whose appointment is continued unless and until varied or replaced by a scale prescribed by the WAO). 4 The following provisions of the Local Government (Wales) Measure 2009 have effect in relation to an auditor whose appointment is continued by sub-paragraph (2) as if they had not been amended by this Act— a section 16(2)(e); b section 25(5)(b). Savings in respect of restrictions on disclosure of information 3 1 Where information has been obtained by— a an auditor appointed under section 13 of the Public Audit (Wales) Act 2004 under a provision of that Act that has been amended by this Act, b a person acting on his or her behalf, or c a person acting on behalf of the Auditor General under a provision of any of the following enactments that has been amended by this Act— i section 145C of the Government of Wales Act 1998, ii Part 1 of the Local Government Act 1999, iii Part 1 or Part 3A of the Public Audit (Wales) Act 2004, or iv Part 1 of the Local Government (Wales) Measure 2009, the operation of any provision about the disclosure of information is not affected by the amendment of that provision. 2 So far as may be necessary for continuing the operation of any provision about the disclosure of information, information obtained as mentioned in sub-paragraph (1) is to be treated in the same way as information obtained by the Auditor General. PART 2 THE WAO WAO's procedural rules before rules are made under paragraph 27 of Schedule 1 4 1 This paragraph applies until the first rules under paragraph 27 of Schedule 1 are made. 2 Any matter to be decided by the WAO (including any matter to be decided for the purpose of preparing or making those rules) is to be decided in accordance with the procedure determined by the chair of the WAO (which may include the procedure for determining the quorum for any meeting at which the matter is to be decided). PART 3 TRANSFER OF FUNCTIONS ETC Transfer of staff 5 1 On the appointed day the members of the staff of the Auditor General are transferred to the employment of the WAO. 2 For any purpose relating to a person who becomes an employee of the WAO by virtue of sub-paragraph (1)— a that person's contract of employment— i is not terminated by the transfer, and ii has effect from the appointed day as if originally made between that person and the WAO; b a period of employment as a member of the staff of the Auditor General immediately before the appointed day— i is to be treated as a period of employment with the WAO, and ii is to be treated as continuous employment as a member of the staff of the WAO for the purposes of section 218(3) of the Employment Rights Act 1996. 3 Without prejudice to sub-paragraph (2), where a person becomes an employee of the WAO by virtue of sub-paragraph (1)— a all property, rights and liabilities which the Auditor General has under or in relation to the contract of employment of that person are transferred to the WAO, and b anything done before the appointed day by or in relation to the Auditor General in respect of the person or the contract is to be treated from that day as having been done by or in relation to the WAO. 4 A contract of employment (or rights, powers, duties and liabilities under or in connection with it) is not transferred under this paragraph if the employee objects to the transfer and informs the Auditor General or the WAO of that objection. 5 If the employee informs the Auditor General or the WAO of an objection under sub-paragraph (4)— a the contract of employment is terminated immediately before the appointed day, but b the employee is not treated, for any purpose, as having been dismissed by the Auditor General. 6 Nothing in this paragraph affects any right of a person to terminate his or her contract of employment if (apart from the change of employer) a substantial change is made to the person's detriment in his or her working conditions. 7 In this paragraph “ the appointed day ” means the day on which this paragraph comes into force. Variation of employment contracts 6 1 This paragraph applies where there is a purported variation of the employment contract of— a an employee of the Auditor General; b an employee of the WAO whose employment transferred under paragraph 5. 2 The variation is void if the sole or principal reason for varying the contract is— a the transfer mentioned in paragraph 5(1), or b a reason connected with the transfer that is not an economic, technical or organisational reason entailing changes in the workforce. 3 Nothing in this paragraph prevents a variation if the sole or principal reason for the variation is— a a reason connected with the transfer that is an economic, technical or organisational reason entailing changes in the workforce, or b a reason unconnected with the transfer. Collective agreements 7 1 This paragraph applies where a collective agreement made by or on behalf of the Auditor General satisfies the conditions specified in sub-paragraph (2). 2 The conditions are that the agreement— a existed at the time of the transfer mentioned in paragraph 5(1), b was made with a trade union recognised by the Auditor General, and c applied in respect of an employee whose employment transferred under paragraph 5(1) (“a transferred employee”). 3 After the transfer mentioned in paragraph 5(1)— a the agreement, in its application to a transferred employee, is to have effect as if made with the trade union by or on behalf of the WAO, and b anything done before the transfer under or in connection with the agreement in respect of a transferred employee by or in relation to the Auditor General is to be treated as having been done by or in relation to the WAO. 4 Nothing in this paragraph prejudices the application of sections 179 and 180 of the 1992 Act (collective agreements presumed to be unenforceable in specified circumstances) to the agreement. 5 In this paragraph— “ collective agreement ” has the same meaning as in the 1992 Act, “ recognised ” has the meaning given in section 178(3) of the 1992 Act, “ trade union ” has the same meaning as in the 1992 Act, and “ 1992 Act ” means the Trade Union and Labour Relations (Consolidation) Act 1992. Trade union recognition 8 1 Where before the transfer mentioned in paragraph 5(1) an independent trade union was recognised by the Auditor General to any extent in relation to any employee whose employment transferred, after the transfer— a that union is to be treated as having been recognised by the WAO to the same extent in relation to those employees, and b any agreement for recognition may be varied or rescinded accordingly. 2 In this paragraph— “ independent trade union ” has the meaning given in section 5 of the 1992 Act, “ recognised ” has the meaning given in section 178(3) of the 1992 Act, and “ 1992 Act ” means the Trade Union and Labour Relations (Consolidation) Act 1992. Dismissal in relation to transfer 9 1 Sub-paragraphs (2) and (3) apply— a to an employee of the Auditor General; b to an employee of the WAO whose employment transferred under paragraph 5. 2 If an employee to whom this sub-paragraph applies is dismissed, that employee is to be treated as unfairly dismissed for the purposes of Part X of the Employment Rights Act 1996 if the sole or principal reason for the dismissal is— a the transfer mentioned in paragraph 5(1), or b a reason connected with the transfer that is not an economic, technical or organisational reason entailing changes in the workforce. 3 If an employee to whom this sub-paragraph applies is dismissed, the reason for that dismissal is to be treated for the purposes of sections 98(1) and 135 of the Employment Rights Act 1996 (reason for dismissal) as having been for redundancy if the sole or principal reason for the dismissal is a reason connected with the transfer mentioned in paragraph 5(1) that is an economic, technical or organisational reason entailing changes in the workforce. 4 Sub-paragraph (3) does not prejudice the application of section 98(4) of the Employment Rights Act 1996 (test of fair dismissal). 5 But sub-paragraph (2) does not apply if the application of section 94 of the Employment Rights 1996 Act (right not to be unfairly dismissed) to the dismissal is excluded by or under any provision of that Act, the Employment Tribunals Act 1996 or the Trade Union and Labour Relations (Consolidation) Act 1992. Transfer of other property, rights and liabilities 10 1 On the transfer day, the property, rights and liabilities to which the Auditor General is entitled or subject in connection with any transferred function are transferred to and vest in the WAO. 2 Sub-paragraph (1) operates in relation to property, rights and liabilities— a whether or not they would otherwise be capable of being transferred; b irrespective of any kind of requirement for consent that would otherwise apply. 3 Anything (including legal proceedings) which relates to— a any transferred function, or b any property, rights or liabilities transferred by virtue of sub-paragraph (1) in connection with any transferred function, and which is in the process of being done by or in relation to the Auditor General immediately before the transfer day may be continued on or after that day by or in relation to the WAO. 4 Anything which was done by or in relation to the Auditor General for the purposes of or in connection with— a any transferred function, or b any property, rights or liabilities transferred by virtue of sub-paragraph (1) in connection with any transferred function, and which is in effect immediately before the transfer day has effect on or after that day as if done by or in relation to the WAO. 5 In any instruments, contracts or legal proceedings which relate to— a any transferred function, or b any property, rights or liabilities transferred by virtue of sub-paragraph (1) in connection with any transferred function, and which are made or commenced before the transfer day, a reference to the Auditor General is to be treated on or after that day as a reference to, or as including a reference to, the WAO. 6 This paragraph does not apply in relation to rights and liabilities under a contract of employment as a member of the staff of the Auditor General transferred to the WAO by virtue of paragraph 5. 7 In this paragraph— “ transferred function ” (“ swyddogaeth a drosglwyddir ”) means a function— conferred or imposed on the WAO by a provision of this Act which re-enacts (with or without modifications) a provision of any enactment which conferred or imposed the same or substantially the same function on the Auditor General, or conferred or imposed on the WAO by any enactment in consequence of the amendment of that enactment by or under this Act; “ transfer day ” (“ diwrnod trosglwyddo ”), in relation to a transferred function, means the day when the function first became exercisable by the WAO. 11 1 A certificate issued by the Welsh Ministers that property has been transferred by virtue of paragraph 10(1) is conclusive evidence of the transfer. 2 Paragraph 10 has effect in relation to property, rights or liabilities to which it applies in spite of any provision (of whatever nature) which would otherwise prevent, penalise or restrict the transfer of the property, rights or liabilities. 3 A right of pre-emption, right of return or other similar right does not operate or become exercisable as a result of any transfer of property or rights by virtue of paragraph 10(1). 4 Any such right has effect in the case of any such transfer as if the transferee were the same person in law as the transferor and no transfer of the property or rights had taken place. 5 Such compensation as is just is to be paid to any person in respect of any such right which would, apart from sub-paragraph (3), have operated in favour of or become exercisable by that person but which, in consequence of the operation of that sub-paragraph, cannot subsequently operate in favour or become exercisable by that person. 6 But no compensation is to be paid under sub-paragraph (5) to the Auditor General, to the WAO, or to a former Auditor General. 7 Compensation payable by virtue of sub-paragraph (5) is to be paid by the WAO. 8 Any amount paid under sub-paragraph (7) is to be charged on and paid out of the Welsh Consolidated Fund. 9 Sub-paragraphs (2) to (8) apply in relation to the creation of rights or interests, or the doing of anything else, in relation to property as they apply in relation to a transfer of property, and references to the transferor and transferee are to be read accordingly. 10 In this paragraph “ right of return ” means any right under a provision for the return or reversion of property in specified circumstances. Criminal liability of the Auditor General 12 1 To the extent that any criminal liability incurred by the Auditor General is connected with property, rights or liabilities transferred to the WAO by virtue of paragraph 10, that criminal liability is transferred to the WAO. 2 Paragraph 10(3) to (5) applies in relation to criminal liability transferred by virtue of this paragraph as it applies to a liability transferred by virtue of paragraph 10(1). Indemnification 13 1 The liabilities covered by section 29 include— a liabilities that arise before the coming into force of that section, and b liabilities that arise in relation to any act or omission occurring before the coming into force of that section. 2 Sub-paragraph (3) applies where— a a sum becomes payable by a former Auditor General appointed before the coming into force of section 2, and b that sum would have been charged on the Welsh Consolidated Fund under paragraph 9(1) of Schedule 8 to the Government of Wales Act 2006 prior to the repeal of that paragraph by this Act. 3 Paragraph 9(1) of Schedule 8 to the Government of Wales Act 2006 continues to have effect with respect that person and that sum as if that repeal had not come into force. SCHEDULE 4 Minor and consequential amendments (introduced by section 34) Superannuation Act 1972 1 In Schedule 1 to the Superannuation Act 1972 (offices to which section 1 of that Act applies), in the list of “Other bodies” for “Employment as a member of the staff of the Auditor General for Wales” substitute “ Employment as a member of the staff of the Wales Audit Office ” . Finance Act 1989 2 In section 182 of the Finance Act 1989 (disclosure of information), in subsection (4)(a), after sub-paragraph (iii), insert— iiia of the Wales Audit Office and any member or employee of that Office, . Social Security Administration Act 1992 3 In subsection (8) of section 123 of the Social Security Administration Act 1992 (unauthorised disclosure of information relating to particular persons) after paragraph (ba), insert— bb any member of the staff of the Wales Audit Office, and any person providing services to that Office” . Education Act 1997 4 In section 41A of the Education Act 1997 (inspections involving collaboration of Auditor General for Wales), in subsection (6), for “the Auditor General for Wales an amount equal to the full costs incurred by the Auditor General for Wales in providing the assistance” substitute “ the Wales Audit Office a fee, in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013 (which may not exceed the full cost incurred by the Auditor General in providing the assistance) ” . Government of Wales Act 1998 5 The Government of Wales Act 1998 is amended as follows. 6 1 Section 145C is amended as follows. 2 In subsection (2), omit “or on his behalf”. 3 In subsection (3) (studies relating to registered social landlords), for “make good to the Auditor General for Wales the full costs incurred by him in undertaking the programme” substitute “ 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 After subsection (9), insert— 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. . 7 1 Section 145D (advice and assistance for registered social landlords) is amended as follows. 2 In subsection (2), for “the Auditor General for Wales thinks fit” substitute “ 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 ” . 3 After subsection (2), insert— 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. . 4 In subsection (3), for “paragraph 21 of Schedule 8 to the Government of Wales Act 2006 (arrangements between Auditor General for Wales and certain bodies)” substitute “ section 19 of the Public Audit (Wales) Act 2013 (arrangements for the provision of services between the Wales Audit Office and certain bodies) ” . 8 In subsection (2) of section 146 (transfer of functions of Comptroller and Auditor General), in paragraph (b), after “the Auditor General for Wales,” insert “ the Wales Audit Office, ” . Local Government Act 1999 9 The Local Government Act 1999 is amended as follows. 10 In subsection (7) of section 11 (inspectors' powers and duties), omit paragraph (b). 11 Omit section 12A (fees: inspections under section 10A). 12 Omit section 13A (reports of inspections under section 10A). 13 In subsection (7) of section 23 (accounts), omit “or the Auditor General for Wales”. 14 In subsection (2) of section 25 (coordination of inspections, etc), omit paragraph (aa). 15 In section 26 (guidance), omit subsection (3A). 16 For paragraph (b) of section 33(3) (finance), substitute— b the Wales Audit Office in respect of expenditure incurred or to be incurred by the Auditor General for Wales under the Local Government (Wales) Measure 2009. . Freedom of Information Act 2000 17 The Freedom of Information Act 2000 is amended as follows. 18 1 Subsection (5) of section 36 (exempt information: prejudice to effective conduct of public affairs) is amended as follows. 2 In paragraph (gb), after “the Auditor General for Wales” insert “ , the Wales Audit Office ” . 3 In paragraph (k) after the first reference to “the Auditor General for Wales”, insert “ or the Wales Audit Office ” . 19 In Part 6 of Schedule 1 (public authorities to which the Act applies - other public bodies and offices: general), insert at the appropriate place “ the Wales Audit Office ” . Public Audit (Wales) Act 2004 20 The Public Audit (Wales) Act 2004 is amended as follows. 21 Omit section 14 (appointment of auditors) and 15 (persons to assist auditors). 22 Omit section 16 (code of audit practice). 23 1 Section 17 (general duties of auditors) is amended as follows. 2 In subsection (2), for “An auditor must” substitute “ The Auditor General for Wales must ” . 3 Omit subsections (3) and (4). 4 Accordingly, the heading of section 17 becomes “ General duties on audit of accounts ” . 24 Omit section 18 (auditors' rights to documents and information) and 19 (auditor' rights to documents and information: offences). 25 1 Section 20 (fees for audit) is amended as follows. 2 Before subsection (1), insert— A1 The Wales Audit Office must, 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 functions exercised by the Auditor General for Wales— a in auditing the accounts of local government bodies in Wales under this Chapter, and b in undertaking studies at the request of a local government body under section 44. . 3 Accordingly, the heading of section 20 becomes “ Fees in respect of functions exercised by the Auditor General for Wales ” . 4 In subsection (1), for “The Auditor General for Wales” substitute “ The Wales Audit Office ” . 5 In subsection (2)— a for “the Auditor General for Wales” each time those words appear substitute “ the Wales Audit Office ” ; b in paragraph (a), for “of local authorities” substitute “ of local government bodies ” ; c for paragraph (b), substitute— b such other persons as the Wales Audit Office thinks fit. . 6 Omit subsection (3). 7 In subsection (4), for “the Auditor General for Wales” substitute “ the Wales Audit Office ” . 8 In subsection (5)— a for “the Auditor General for Wales” each time those words appear substitute “ the Wales Audit Office ” ; b omit “him when prescribing”. 9 After subsection (5) insert— 5A But a fee charged under this section may not exceed the full cost of exercising the function to which it relates. . 10 Omit subsection (6). 26 Omit section 21 (fees prescribed by Assembly). 27 1 Section 22 (immediate and other reports in the public interest) is amended as follows. 2 For each reference to “an auditor” or “the auditor” substitute “ the Auditor General for Wales ” . 3 In subsection (5), omit “, and a copy of the report to the Auditor General for Wales,”. 4 In subsection (6), omit “, and a copy of the report to the Auditor General for Wales,”. 28 In section 23 (general report), for each reference to “an auditor” or “the auditor” substitute “ the Auditor General for Wales ” . 29 In section 24 (consideration of reports in the public interest), for “an auditor” substitute “ the Auditor General for Wales ” . 30 1 Section 25 (procedure for consideration of reports and recommendations) is amended as follows. 2 In subsection (2), for “an auditor of” substitute “ the Auditor General for Wales, in auditing ” . 3 In subsection (4), for “the auditor” substitute “ the Auditor General for Wales ” . 4 In subsection (6), for “An auditor” substitute “ The Auditor General for Wales ” . 31 In section 26 (publicity for meetings under section 25), for each reference to “an auditor” or “the auditor” substitute “ the Auditor General for Wales ” . 32 1 Section 27 (additional publicity for immediate reports) is amended as follows. 2 In subsection (1), for “an auditor” substitute “ the Auditor General for Wales ” . 3 In subsection (5), for “An auditor who has made a report under section 22(3)” substitute “ The Auditor General for Wales ” . 33 1 Section 28 (additional publicity for non-immediate reports) is amended as follows. 2 For each reference to “an auditor” or “the auditor” substitute “ the Auditor General for Wales ” . 3 Omit subsection (4). 34 1 Section 29 (inspection of statements of accounts and auditors' reports) is amended as follows. 2 In paragraph (b) of subsection (1), for “an auditor” substitute “ the Auditor General for Wales ” . 3 Accordingly the heading of section 29 becomes “Inspection of statements of accounts and Auditor General for Wales' reports”. 4 Accordingly the cross-heading before section 29 becomes “ Public inspection etc and action by the Auditor General for Wales ” . 35 1 Section 30 (inspection of documents and questions at audit) is amended as follows. 2 In subsection (2)— a for “the auditor of those accounts” substitute “ the Auditor General for Wales ” , and b for “the auditor” substitute “ the Auditor General ” . 3 In subsection (3), for “a body's auditor” substitute “ the Auditor General for Wales ” . 36 In section 31 (right to make objection at audit), for each reference to “the auditor” substitute “ the Auditor General for Wales ” . 37 1 Section 32 (declaration that item of account is unlawful) is amended as follows. 2 In subsection (1)— a for “an auditor” substitute “ the Auditor General for Wales in ” , and b for “the auditor” substitute “ he ” . 3 In subsection (4), for “an auditor” substitute “ the Auditor General for Wales ” . 4 In subsections (6) to (9), for each reference to “an auditor” or “the auditor” substitute “ the Auditor General for Wales ” . 38 1 Section 33 (advisory notices) is amended as follows. 2 In subsection (1)— a for “An auditor of accounts of a local government body in Wales” substitute “ The Auditor General for Wales ” , and b after “is met” insert “ in respect of a local government body in Wales ” . 3 In paragraph (d) of subsection (4), for “the auditor of the body's accounts” substitute “ the Auditor General for Wales ” . 4 In paragraph (c) of subsection (6), for “the auditor by whom the notice is issued” substitute “ the Auditor General for Wales ” . 5 In subsection (7), for “The auditor by whom an advisory notice is issued” substitute “ The Auditor General for Wales ” . 6 In subsection (10), for “the person who for the time being is the auditor of the body to which, or to an officer of which, the notice was addressed” substitute “ the Auditor General for Wales ” . 7 In subsection (11), for “The auditor by whom an advisory notice is withdrawn” substitute “ The Auditor General for Wales ” . 8 Omit subsection (12). 39 1 Section 34 (effect of an advisory notice) is amended as follows. 2 In paragraph (b) of subsection (5), for “the person who is for the time being the auditor of the body's accounts” substitute “ the Auditor General for Wales ” . 3 In subsection (8)— a for “An auditor” substitute “ The Wales Audit Office ” , and b for “by him” substitute “ by the Auditor General for Wales ” . 40 In subsection (3) of section 35 (advisory notices: legal actions), for “an auditor” substitute “ the Auditor General for Wales ” . 41 1 Section 36 (power of auditor to make a claim for judicial review) is amended as follows. 2 In subsection (1)— a for “An auditor appointed to audit accounts of a local government body in Wales” substitute “ The Auditor General for Wales ” , and b for the first reference to “the body” substitute “ a local government body in Wales ” . 3 In subsection (3) for “an auditor” substitute “ the Auditor General for Wales ” . 4 In subsection (4)— a for “an auditor” substitute “ the Auditor General for Wales ” , and b for “the auditor” substitute “ the Auditor General for Wales or the Wales Audit Office ” . 42 1 Section 37 (extraordinary audit) is amended as follows. 2 For each reference to “the Assembly” substitute “ the Welsh Ministers ” . 3 In subsection (1) omit “direct an auditor to”. 4 In subsection (4) omit “direct an auditor to”. 5 In subsection (5), omit paragraph (a). 6 In subsection (8), for “The Auditor General for Wales” substitute “ The Wales Audit Office ” . 43 In subsection (2) of section 38 (audit of accounts of officers), for “The auditor of a body's accounts” substitute “ the Auditor General for Wales ” . 44 1 Section 39 (accounts and audit regulations) is amended as follows. 2 For each reference to “Assembly” substitute “ Welsh Ministers ” . 3 In subsection (2), for each reference to “it” substitute “ them ” . 4 In paragraph (b) of subsection (5), for “an auditor” substitute “ the Auditor General for Wales or the Wales Audit Office ” . 5 In subsection (6), after “may be recovered” insert “ by the Wales Audit Office ” . 45 1 Section 40 (documents relating to police and crime commissioners and chief constables) is amended as follows. 2 For each reference to “Assembly” substitute “ Welsh Ministers ” . 3 In subsection (1), for “receives a copy of a report under section 22(5) or (6)” substitute “ makes a report under section 22 ” . 46 1 Section 41 (studies for improving economy etc in services) is amended as follows. 2 In subsections (1) to (5), omit each reference to “or promote”, “or promotes” and “or promoting”. 3 In paragraph (a) of subsection (1), omit “also best value authorities for the purposes of Part 1 of the Local Government Act 1999 or”. 4 In subsection (6), for “the Assembly” substitute “ the Welsh Ministers ” . 47 1 Section 42 (studies on impact of statutory provisions etc) is amended as follows. 2 In subsection (1)— a omit “or promote”, and b in paragraph (b) for “the Assembly” substitute “ the Welsh Ministers ” . 3 In subsection (2), for each reference to “the Assembly” substitute “ the National Assembly for Wales ” . 4 In subsection (3), omit “or promoting”. 5 In subsection (4), for each reference to “Assembly” substitute “ Welsh Ministers ” . 48 In subsection (1) of section 44 (studies at request of local government bodies in Wales), omit “or promote”. 49 1 Section 45 (benefit administration studies for Secretary of State) is amended as follows. 2 In subsection (7), for the second reference to “the Auditor General for Wales” substitute “ the Wales Audit Office ” . 3 In subsection (8), for “the Auditor General for Wales” substitute “ the Wales Audit Office, (but may not exceed the full cost incurred by the Auditor General for Wales in conducting, or assisting the Secretary of State to conduct, the study) ” . 4 After subsection (8), insert— 9 A fee payable under this section must be charged in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013. . 50 In subsection (2) of section 46 (performance standards: relevant bodies), for “the Assembly” substitute “ the Welsh Ministers ” . 51 In subsection (5) of section 47 (publication of information as to standards of performance), for “The Assembly” substitute “ The Welsh Ministers ” . 52 1 Section 51 (social security references and reports to Secretary of State) is amended as follows. 2 Omit subsection (2). 3 In subsection (3), for paragraph (a) substitute— a made by him under section 22, and . 53 1 Section 52 (rights of Auditor General for Wales to documents and information) is amended as follows. 2 In subsection (2), in paragraph (c), for “the Assembly” substitute “ the Welsh Ministers ” . 3 Omit subsection (6). 4 In subsection (8), for “the Assembly” substitute “ the Welsh Ministers ” . 5 After subsection (8) insert— 9 A statutory instrument containing an order under subsection (2)(c) is (unless a draft of the order has been laid before, and approved by a resolution of the National Assembly for Wales) subject to annulment in pursuance of a resolution of the Assembly. . 54 1 Section 53 (rights of Auditor General for Wales to documents and information: offences) is amended as follows. 2 In paragraph (b) of subsection (3), after “the Auditor General for Wales” insert “ or the Wales Audit Office ” . 3 In subsection (4), after “may be recovered” insert “ by the Wales Audit Office ” . 55 1 Section 54 (restriction on disclosure of information) is amended as follows. 2 In subsection (1), for “or an auditor, or by a person acting on behalf of the Auditor General for Wales or an auditor” substitute “ or a person acting on behalf of the Auditor General for Wales by virtue of a delegation made under section 18 of the Public Audit (Wales) Act 2013 ” . 3 In subsection (1)— a in paragraph (a), omit “or Part 1 of the Local Government Act 1999 (c 27)”, and b in paragraph (b) omit “or Part 1 of the Local Government Act 1999”. 4 In subsection (2)— a in paragraph (b)— i omit “or an auditor”, and ii omit “or Part 1 of the Local Government Act 1999”; b in paragraph (e), for “the Assembly” substitute “ the Welsh Ministers ” . 5 Omit subsection (2ZB). 6 In subsection (2ZC)— a omit “or (2ZB)”, and b omit “or an auditor”. 7 Omit subsections (6) to (8). 56 1 Section 54ZA (consent under section 54(2ZC)) is amended as follows. 2 In subsection (3), omit “or an auditor”. 3 In subsection (6), for “A person to whom a request for consent is made” substitute “ The Auditor General for Wales ” . 57 In subsection (1) of section 56 (publication of information by Auditor General for Wales), in paragraph (a), omit “by an auditor”. 58 In section 58 (orders and regulations), for each reference to “the Assembly” substitute “ the Welsh Ministers ” . 59 In section 59 (interpretation of Part 2), omit subsections (2) and (3). 60 In section 61 (audit of Welsh NHS bodies), in paragraph (b) of subsection (2), for “the Assembly” substitute “ the National Assembly for Wales ” . 61 1 Section 62 (co-operation with Assembly, Audit Commission or CHAI ) is amended as follows. 2 In paragraph (a) for “the Assembly” substitute “ the Welsh Ministers ” . 3 Accordingly, the heading of section 62 becomes “ Co-operation with Welsh Ministers, Audit Commission or Care Quality Commission ” . 62 In subsection (1) of section 64A (power to conduct data matching exercises), omit “or arrange for them to be conducted on his behalf”. 63 1 Section 64B (mandatory provision of data) is amended as follows. 2 In subsection (1), after “or a person acting on his behalf” insert “ by virtue of a delegation made under section 18 of the Public Audit (Wales) Act 2013 ” . 3 In subsection (4)— a after “the Auditor General” insert “ or by the Wales Audit Office ” , and b after “from that body” insert “ by the Wales Audit Office ” . 64 In subsection (1) of section 64C (voluntary provision of data), after “a person acting on his behalf” insert “ by virtue of a delegation made under section 18 of the Public Audit (Wales) Act 2013 ” . 65 1 Section 64D (disclosure of results of data matching etc) is amended as follows. 2 In subsection (2) in paragraph (b), for “an auditor” substitute “ the Auditor General ” . 3 In subsection (6)(b), for sub-paragraph (iv) substitute— 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. . 66 In subsection (4) of section 64E (publication), omit “an auditor or”. 67 1 Section 64F (fees for data matching) is amended as follows. 2 Before subsection (1), insert— 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. . 3 In subsections (1) and (6) for each reference to “Auditor General for Wales” substitute “ Wales Audit Office ” . 4 In subsection (2), for “the Auditor General” substitute “ the Wales Audit Office ” . 5 In subsections (3), (4), (5) and (8) for each reference to “Auditor General” substitute “ Wales Audit Office ” . 6 In subsection (7), for “the Assembly” substitute “ the National Assembly for Wales ” . 7 After subsection (8) insert— 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. . 68 In subsection (4) of section 64G (code of data matching practice), in paragraph (a) for “the Assembly” substitute “ the National Assembly for Wales ” . 69 1 Section 67A (assistance by Auditor General to inspectorates) is amended as follows. 2 In subsection (2), for “the Auditor General for Wales” substitute “ the Wales Audit Office ” . 3 At the end of subsection (2), after the word “agree”, insert “ , 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 ” . 4 After subsection (2), insert— 3 Any sums charged in relation to assistance provided under this section may not exceed the full cost of providing that assistance. . Government of Wales Act 2006 70 The Government of Wales Act 2006 is amended as follows. 71 In section 37 (power to call), in subsection (1), after “functions” insert “, relevant to the exercise of any of the Auditor General for Wales' functions, or relevant to the oversight and supervision of the Auditor General for Wales, or to the oversight and supervision of the exercise of any of his or her functions”. 72 In subsection (1)(c) of section 120 (destination of receipts), for “the Auditor General” substitute “ the Wales Audit Office ” . 73 In subsection (3)(c) of section 124 (payments out of Welsh Consolidated Fund), for “the Auditor General” substitute “ the Wales Audit Office ” . 74 In subsection (4) of section 129 (approvals to draw), for “the Auditor General” substitute “ the Wales Audit Office ” . 75 In subsection (1) of section 143 (Audit Committee reports), omit paragraph (b). 76 1 Subsection (2) of section 144 (publication of accounts and audit reports etc) is amended as follows. 2 In paragraph (b) for “paragraph 14 of Schedule 8” substitute “ paragraph 34 of Schedule 1 to the Public Audit (Wales) Act 2013 ” . 3 In paragraph (c) omit “or estimate” and “or paragraph 12(3) of Schedule 8”. 4 After paragraph (c) insert— d any estimate of income and expenses of the Wales Audit Office laid before the Assembly under section 20(1) of the Public Audit (Wales) Act 2013 (including any modifications made to that estimate under section 20(4) of that Act), e any scheme for charging fees laid before the Assembly by the Wales Audit Office under section 24(4)(c) of the Public Audit (Wales) Act 2013, f any annual plan laid before the Assembly by the Auditor General and the chair of the Wales Audit Office under section 26 of the Public Audit (Wales) Act 2013, g any report laid before the Assembly under paragraph 3(6) of Schedule 2 to the Public Audit (Wales) Act 2013 (reports on the exercise of the functions of the Auditor General and the Wales Audit Office). . 77 1 Section 145 (Auditor General) is amended as follows. 2 Omit subsection (1). 3 In subsection (2) for “the Auditor General see Schedule 8” insert “ the Auditor General for Wales or Archwilydd Cyffredinol Cymru (referred to in this Act as “ the Auditor General ”) see Schedule 8 and the Public Audit (Wales) Act 2013 ” . 78 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 79 1 Schedule 8 (Auditor General for Wales) is amended as follows. 2 Omit paragraphs 1 to 16. 3 In sub-paragraph (1) of paragraph 17 (access to documents), in paragraph (c), for “Act” substitute “ enactment ” . 4 In sub-paragraph (7) of paragraph 17— a for “Act” substitute “ enactment ” , and b at the end of the sub-paragraph, before the full stop, insert “ , apart from accounts that fall to be examined under Part 2 of the Public Audit (Wales) Act 2004 ” . 5 In paragraph 18 (other powers)— a in sub-paragraph (1), after “the Welsh Ministers may”, insert “ , having first consulted the Wales Audit Office, ” , and b after sub-paragraph (3) insert— 3A But before entering into an agreement under sub-paragraph (3), the Welsh Ministers or a Minister of the Crown (as the case may be) must consult the Wales Audit Office. . 6 Omit paragraph 21. Companies Act 2006 80 The Companies Act 2006 is amended as follows. 81 In subsection (6) of section 1229 (supervision of Auditors General by the Independent Supervisor), after “to any person” insert “ or, in the case of the Auditor General for Wales, for payment by the Wales Audit Office of such a fine ” . 82 In section 1230 (duties of Auditors General in relation to supervision arrangements), after subsection (3)(b), insert— c in the case of expenditure of the Auditor General for Wales, to be regarded as expenditure of the Wales Audit Office for the purposes of section 20 of the Public Audit (Wales) Act 2013. . Local Government (Wales) Measure 2009 83 The Local Government (Wales) Measure 2009 is amended as follows. 84 1 Section 21 (special inspections) is amended as follows. 2 In subsection (4)— a for “direct the Auditor General to” substitute “ request that the Auditor General ” , and b for “direction” substitute “ request, unless it is not reasonable to do so ” . 3 In subsection (5), for “direction” substitute “ request ” . 4 In subsection (6), for “giving a direction” substitute “ making a request ” . 5 In paragraph (b) of subsection (7), for “directed the Auditor General to” substitute “ requested that the Auditor General ” . 85 In section 25 (statement of practice), omit paragraph (b) of subsection (5). 86 In section 26 (inspectors' powers and duties), in subsection (11), for “a member of the Auditor General's staff or a person providing services to the Auditor General” substitute “ or a person exercising the functions of the Auditor General for Wales by virtue of a delegation made under section 18 of the Public Audit (Wales) Act 2013, ” . 87 1 Section 27 (fees) is amended as follows. 2 In subsection (1), for “The Auditor General for Wales” substitute “ The Wales Audit Office ” . 3 In subsection (3), for “the Auditor General for Wales” substitute “ the Wales Audit Office, in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013, ” . 4 In subsection (4), for the reference to “the Auditor General” and “the Auditor General for Wales” substitute “ the Wales Audit Office ” . 5 After subsection (4) insert— 4A But a fee charged under this section may not exceed the full cost of exercising the function to which it relates. . 6 In subsection (5), for both references to “the Auditor General” substitute “ the Wales Audit Office ” . 7 Omit subsection (6). 88 After section 27 (fees) insert— Welsh Ministers' power to prescribe a scale of fees 27A 1 The Welsh Ministers may, by regulations, prescribe a scale or scales of fees to have effect instead of a scale or scales prescribed by the Wales Audit Office under section 27(1), 2 A scale of fees prescribed under subsection (1) has effect for the period specified in relation to it in the regulations. 3 Subsection (4) applies if— a a scale of fees is prescribed under subsection (1) in place of a scale prescribed by the Wales Audit Office, and b the scale prescribed by the Wales Audit Office would otherwise be the appropriate scale for the purposes of section 27(3) and (4). 4 The references to the appropriate scale in section 27(3) and (4) are to be read as references to the scale prescribed undersubsection (1). 5 Before making regulations under subsection (1) the Welsh Ministers must consult— a the Wales Audit Office, b any associations of local government bodies in Wales which appear to the Welsh Ministers to be concerned, and c such other persons as they think fit. 6 Regulations made under this section are subject to annulment in pursuance of a resolution of the National Assembly for Wales. . Local Democracy, Economic Development and Construction Act 2009 89 The Local Democracy, Economic Development and Construction Act 2009 is amended as follows. 90 In section 46 (codes of practice), in subsection (4) for “section 16 of the Public Audit (Wales) Act 2004 (c 23)” substitute “ section 10 of the Public Audit (Wales) Act 2013 ” . 91 1 Section 50 is amended as follows. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 After subsection (1), insert— 1A An entity in relation to which a person is appointed by the Auditor General for Wales under this Chapter must pay the Wales Audit Office, in accordance with a scheme for charging fees prepared under section 24 of the Public Audit (Wales) Act 2013, a fee in respect of the discharge by that person of any of the functions specified by subsection (2) in relation to the entity. . 4 In subsection (3), for “the audit authority” substitute “ the Audit Commission or the Wales Audit Office (as the case may be) ” . 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 After subsection (4), insert— 4A The amount of a fee payable under subsection (1A) is, subject as follows, to be such as may be specified in or determined under a scale or scales of fees prescribed by the Wales Audit Office for the purposes of this section. But a fee charged under subsection (1A) may not exceed the full cost of exercising the function to which it relates. . 7 In subsection (5)— a for “subsection (4)” substitute “ subsection (4) or (4A) ” , and b for “the audit authority” substitute “ the Audit Commission or the Wales Audit Office (as the case may be) ” . 8 In subsection (6), for “the audit authority” substitute “ the Audit Commission or the Wales Audit Office (as the case may be) ” . 9 Omit subsections (10) and (11). 10 In subsection (12)— a for each reference to “the audit authority” substitute “ the Audit Commission or the Wales Audit Office (as the case may be) ” ; b after “subsection (4)”, insert “ or (4A) (as the case may be) ” . Equality Act 2010 92 In Part 2 of Schedule 19 to the Equality Act 2010 (public authorities: relevant Welsh authorities), under the heading “other public authorities”, insert at the appropriate place “ the Wales Audit Office or Swyddfa Archwilio Cymru. ” . S. 1 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(a) S. 8 in force at 4.7.2013 for specified purposes by S.I. 2013/1466 , art. 2(b) S. 10 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(c) S. 12 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(d) S. 13 in force at 4.7.2013 for specified purposes by S.I. 2013/1466 , art. 2(e) S. 14 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(f) S. 15 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(g) S. 16 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(h) S. 17(2) (3) in force at 4.7.2013 for specified purposes by S.I. 2013/1466 , art. 2(i) S. 18 in force at 4.7.2013 for specified purposes by S.I. 2013/1466 , art. 2(j) S. 20 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(k) S. 24 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(l) S. 25 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(m) S. 26 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(n) S. 27 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(o) S. 28 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(p) S. 29(1)(2)(3)(b)(c)(4) in force at 4.7.2013 by S.I. 2013/1466 , art. 2(q) S. 31 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(r) S. 32 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(s) S. 33 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(t) Sch. 1 para. 1 in force at 4.7.2013 for specified purposes by S.I. 2013/1466 , art. 2(u)(i) Sch. 1 para. 2 in force at 4.7.2013 for specified purposes by S.I. 2013/1466 , art. 2(u)(ii) Sch. 1 para. 3 in force at 4.7.2013 for specified purposes by S.I. 2013/1466 , art. 2(u)(iii) Sch. 1 para. 4 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(u)(iv) Sch. 1 para. 5 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(u)(v) Sch. 1 para. 6 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(u)(vi) Sch. 1 para. 7 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(u)(vii) Sch. 1 para. 8 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(u)(viii) Sch. 1 para. 9 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(u)(ix) Sch. 1 para. 10 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(u)(x) Sch. 1 para. 11 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(u)(x) Sch. 1 para. 12 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(u)(x) Sch. 1 para. 13 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(u)(xi) Sch. 1 para. 26 in force at 4.7.2013 for specified purposes by S.I. 2013/1466 , art. 2(u)(xii) Sch. 1 para. 27 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(u)(xiii) Sch. 1 para. 28 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(u)(xiv) Sch. 1 para. 29(1) in force at 4.7.2013 by S.I. 2013/1466 , art. 2(u)(xv) Sch. 1 para. 30 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(u)(xvi) Sch. 1 para. 31 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(u)(xvii) Sch. 1 para. 32 in force at 4.7.2013 for specified purposes by S.I. 2013/1466 , art. 2(u)(xviii) Sch. 2 para. 1 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(v)(i) Sch. 2 para. 2 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(v)(ii) Sch. 2 para. 5 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(v)(iii) Sch. 2 para. 6 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(v)(iii) Sch. 2 para. 7 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(v)(iii) Sch. 2 para. 8 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(v)(iii) Sch. 2 para. 9 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(v)(iii) Sch. 2 para. 10 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(v)(iii) Sch. 2 para. 11 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(v)(iii) Sch. 2 para. 12 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(v)(iii) Sch. 2 para. 13 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(v)(iii) Sch. 2 para. 14 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(v)(iii) Sch. 3 para. 4 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(w)(i) Sch. 3 para. 13 in force at 4.7.2013 by S.I. 2013/1466 , art. 2(w)(ii) Sch. 4 para. 79(2) in force at 4.7.2013 for specified purposes by S.I. 2013/1466 , art. 2(x) Sch. 4 para. 79(2) in force at 1.4.2014 in so far as not already in force by S.I. 2013/1466 , art. 3(1) S. 17(2) (3) in force at 1.4.2014 in so far as not already in force by S.I. 2013/1466 , art. 3(1) S. 17(1) in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) S. 29(3)(a)(d)(e) in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 29(2) (3) in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 79(1)(3)-(6) in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) S. 11 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) S. 8 in force at 1.4.2014 in so far as not already in force by S.I. 2013/1466 , art. 3(1) S. 13 in force at 1.4.2014 in so far as not already in force by S.I. 2013/1466 , art. 3(1) S. 18 in force at 1.4.2014 in so far as not already in force by S.I. 2013/1466 , art. 3(1) S. 2 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) S. 3 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) S. 4 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) S. 5 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) S. 6 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) S. 7 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) S. 9 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) S. 19 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) S. 21 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) S. 22 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) S. 23 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) S. 34 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 3 para. 2 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 3 para. 3 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 21 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 22 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 23 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 24 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 25 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 26 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 27 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 28 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 29 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 30 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 31 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 32 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 33 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 34 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 35 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 36 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 37 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 38 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 39 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 40 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 41 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 42 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 43 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 44 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 45 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 46 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 47 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 48 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 49 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 50 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 51 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 52 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 53 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 54 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 55 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 56 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 57 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 58 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 59 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 60 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 61 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 62 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 63 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 64 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 65 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 66 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 67 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 68 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 69 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 84 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 85 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 86 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 87 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 88 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 6 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) (with art. 4(2) ) Sch. 4 para. 7 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) (with art. 4(2) ) Sch. 4 para. 8 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) (with art. 4(2) ) Sch. 4 para. 1 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 2 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 3 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 4 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 10 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 11 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 12 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 13 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 14 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 15 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 16 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 18 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 19 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 71 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 72 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 73 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 74 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 75 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 76 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 77 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 81 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 82 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 90 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 91 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 92 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 1 in force at 1.4.2014 in so far as not already in force by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 2 in force at 1.4.2014 in so far as not already in force by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 3 in force at 1.4.2014 in so far as not already in force by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 26 in force at 1.4.2014 in so far as not already in force by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 32 in force at 1.4.2014 in so far as not already in force by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 14 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 15 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 16 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 17 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 18 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 19 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 20 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 21 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 22 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 23 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 24 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 25 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 33 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 34 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 35 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 1 para. 36 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 2 para. 3 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 2 para. 4 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 3 para. 1 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 3 para. 5 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 3 para. 6 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 3 para. 7 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 3 para. 8 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 3 para. 9 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 3 para. 10 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 3 para. 11 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 3 para. 12 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 5 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) (with art. 4(2) ) Sch. 4 para. 9 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 17 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 20 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 70 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 80 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 83 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 89 in force at 1.4.2014 by S.I. 2013/1466 , art. 3(1) Sch. 4 para. 91(2) repealed (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2) , s. 49(1) , Sch. 12 para. 123(i) ; S.I. 2015/841 , art. 3(x) Sch. 4 para. 91(5) repealed (1.4.2015) by Local Audit and Accountability Act 2014 (c. 2) , s. 49(1) , Sch. 12 para. 123(i) ; S.I. 2015/841 , art. 3(x) S. 23(3)(ca) inserted (1.4.2016) by Well-being of Future Generations (Wales) Act 2015 (anaw 2) , s. 56(2) , Sch. 4 para. 32 ; S.I. 2016/86 , art. 3 S. 23(3)(ba) inserted (1.4.2018) by Tax Collection and Management (Wales) Act 2016 (anaw 6) , ss. 36 , 194(2) ; S.I. 2018/33 , art. 3 Sch. 4 para. 78 omitted (1.4.2018) by virtue of Wales Act 2017 (c. 4) , s. 71(4) , Sch. 6 para. 96 (with Sch. 7 paras. 1 , 6 ); S.I. 2017/1179 , reg. 3(r) S. 29A inserted (23.7.2019) by Public Services Ombudsman (Wales) Act 2019 (anaw 3) , s. 77(1) , Sch. 5 para. 4 ; S.I. 2019/1096 , reg. 2 S. 20 in force on 1.4.2014 to the extent not already in force by O.S. 2013/1466, regulation. 3(1)
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[uk-legislation-anaw][anaw] 2024-05-04
http://www.legislation.gov.uk/anaw/2020/3/2022-03-21
http://www.legislation.gov.uk/anaw/2020/3/2022-03-21 Children (Abolition of Defence of Reasonable Punishment) (Wales) Act 2020 An Act of the National Assembly for Wales to abolish the common law defence of reasonable punishment in relation to corporal punishment of a child taking place in Wales; and for connected purposes. text text/xml en Statute Law Database 2023-02-02 Expert Participation 2022-03-21 Children (Abolition of Defence of Reasonable Punishment) (Wales) Act 2020 2020 anaw 3 An Act of the National Assembly for Wales to abolish the common law defence of reasonable punishment in relation to corporal punishment of a child taking place in Wales; and for connected purposes. [20 March 2020] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: Abolition of common law defence of reasonable punishment 1 1 The common law defence of reasonable punishment is abolished in relation to corporal punishment of a child taking place in Wales. 2 Accordingly, corporal punishment of a child taking place in Wales cannot be justified in any civil or criminal proceedings on the ground that it constituted reasonable punishment. 3 Nor can corporal punishment of a child taking place in Wales be justified in any civil or criminal proceedings on the ground that it constituted acceptable conduct for the purposes of any other rule of the common law. 4 For the purposes of this section, “ corporal punishment ” means any battery carried out as a punishment. 5 In section 58 of the Children Act 2004 (c. 31) (reasonable punishment)— a in subsection (1), after “battery of a child” insert “ taking place in England ” , b in subsection (3), after “Battery of a child” insert “ taking place in England ” , and c the heading becomes “ Reasonable punishment: England ” . Promoting public awareness of the coming into force of section 1 2 The Welsh Ministers must take steps before the coming into force of section 1 to promote public awareness of the changes to the law to be made by that section. Reporting requirements 3 1 The Welsh Ministers must prepare two reports on the effect of the changes to the law made by section 1. 2 The first report must be prepared as soon as practicable after the expiry of the period of 3 years beginning with the coming into force of section 1. 3 The second report must be prepared as soon as practicable after the expiry of the period of 5 years beginning with the coming into force of section 1. 4 The Welsh Ministers must, as soon as practicable after preparing a report under this section— a lay the report before the National Assembly for Wales, and b publish the report. Power to make transitional etc. provision by regulations 4 1 Regulations made by the Welsh Ministers may make transitory, transitional or saving provision in connection with the coming into force of section 1. 2 The power to make regulations under subsection (1) is exercisable by statutory instrument. Coming into force 5 1 This section and section 2, section 3, section 4, and section 6 come into force on the day after the day on which this Act receives Royal Assent. 2 Section 1 comes into force at the expiry of the period of 2 years beginning with the day after the day on which this Act receives Royal Assent. Short title 6 The short title of this Act is the Children (Abolition of Defence of Reasonable Punishment) (Wales) Act 2020. S. 2 in force at 21.3.2020, see s. 5(1) S. 3 in force at 21.3.2020, see s. 5(1) S. 4 in force at 21.3.2020, see s. 5(1) S. 5 in force at 21.3.2020, see s. 5(1) S. 6 in force at 21.3.2020, see s. 5(1) S. 1 in force at 21.3.2022, see s. 5(2)
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[uk-legislation-anaw][anaw] 2024-05-04
http://www.legislation.gov.uk/anaw/2020/2/2020-02-27
http://www.legislation.gov.uk/anaw/2020/2/2020-02-27 National Health Service (Indemnities) (Wales) Act 2020 An Act of the National Assembly for Wales to amend the National Health Service (Wales) Act 2006 to make provision about indemnities in respect of expenses and liabilities arising in connection with the provision of health services. text text/xml en Statute Law Database 2023-02-16 Expert Participation 2020-02-27 National Health Service (Indemnities) (Wales) Act 2020 2020 anaw 2 An Act of the National Assembly for Wales to amend the National Health Service (Wales) Act 2006 to make provision about indemnities in respect of expenses and liabilities arising in connection with the provision of health services. [26 February 2020] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: Indemnities in connection with provision of health services 1 1 Section 30 of the National Health Service (Wales) Act 2006 (c.42) is amended as follows. 2 In subsection (1)— a after “scheme” insert “ (a “mutual indemnity scheme”) ” ; b after “the bodies” (in both places it occurs) insert “ or other persons ” . 3 In subsection (2)— a in the words before paragraph (a), after “The bodies” insert “ and other persons ” ; b in paragraph (b) omit “and”; c after paragraph (c) insert— f a person who is providing, or who has provided, primary medical services in accordance with a contract or other arrangement under Part 4, and g a body or other person (other than a body or other person specified under paragraphs (a) to (f)) who is providing or arranging the provision of, or who has provided or arranged the provision of, health services whose provision is the subject of a contract or other arrangements with a Local Health Board, NHS trust or Special Health Authority, ; d in the words after paragraph (g)— i for “scheme under this section” substitute “ mutual indemnity scheme ” ; ii after “bodies which” insert “ , or other persons who, ” . 4 In subsection (3)— a in the words before paragraph (a), for “scheme under this section” substitute “ mutual indemnity scheme ” ; b in paragraph (b) after “body which” insert “ , or other person who, ” . 5 In subsection (4), for “body” substitute “ Local Health Board, NHS trust or Special Health Authority ” . 6 In subsection (5), for “scheme”, the first time it occurs, substitute “ mutual indemnity scheme ” . 7 In subsection (7), for “scheme under this section” substitute “ mutual indemnity scheme ” . 8 After subsection (7) insert— 8 The Welsh Ministers may by regulations establish a scheme (a “direct indemnity scheme”) under which they may indemnify any of the bodies or other persons specified in subsection (2) against— a expenses arising from any loss of or damage to their property, and b liabilities to third parties for loss, damage or injury arising out of the carrying out of the functions of the bodies or other persons concerned. 9 A direct indemnity scheme may, in particular– a specify the persons or other bodies eligible to be indemnified (including limiting the class or description of bodies or other persons who are eligible); b specify the expenses and liabilities in respect of which a body or other person may be indemnified and the extent to which they may be indemnified; c require any body or other person indemnified under the scheme to make payments in accordance with the scheme. 10 Nothing in this section limits or affects the powers of the Welsh Ministers under this Act, or any other enactment, to provide an indemnity— a to any person other than the bodies or other persons specified in subsection (2), or b to a body or other person specified in subsection (2) in respect of any expenses or liabilities other than those mentioned in subsections (1) and (8). 11 In this section— a in subsections (1)(b) and (8)(b) “ functions ”, in relation to a body or other person specified in subsection (2)(g), means the body or person's functions of providing, or arranging the provision of, health services whose provision is the subject of a contract or other arrangements with a Local Health Board, NHS trust or Special Health Authority; b in subsection (2) and in paragraph (a) of this subsection “ health services ” means services provided as part of the health service. Short title and coming into force 2 1 The short title of this Act is the National Health Service (Indemnities) (Wales) Act 2020. 2 This Act comes into force on the day after the day on which this Act receives Royal Assent. S. 1 in force at 27.2.2020, see s. 2(2) S. 2 in force at 27.2.2020, see s. 2(2)
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[uk-legislation-anaw][anaw] 2024-05-04
http://www.legislation.gov.uk/anaw/2019/2/2022-12-01
http://www.legislation.gov.uk/anaw/2019/2/2022-12-01 Renting Homes (Fees etc.) (Wales) Act 2019 An Act of the National Assembly for Wales prohibiting persons from requiring certain payments to be made or certain other steps to be taken in consideration of the grant, renewal or continuance of a standard occupation contract, or pursuant to a term of a standard occupation contract; to make provision about holding deposits and in relation to requirements to publicise certain fees charged by letting agents; and for connected purposes. text text/xml en Statute Law Database 2024-04-02 Expert Participation 2022-12-01 Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 Pt. 2A Renters’ Rights Act 2025 s. 43(3) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 Pt. 2A Renters’ Rights Act 2025 s. 44(3) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 1(2A) Renters’ Rights Act 2025 s. 43(2) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 1(2A) Renters’ Rights Act 2025 s. 44(2) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 10(4)(za) (zb) Renters’ Rights Act 2025 s. 43(4)(a) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 10(4)(za) (zb) Renters’ Rights Act 2025 s. 44(4)(a) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 10(4)(zb)(i) - (iii) Renters’ Rights Act 2025 s. 43(4)(b) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 10(4)(zb)(i) - (iii) Renters’ Rights Act 2025 s. 44(4)(b) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 10(4A) Renters’ Rights Act 2025 s. 43(5) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 10(4A) Renters’ Rights Act 2025 s. 44(5) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 13(1) Renters’ Rights Act 2025 s. 43(6) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 13(1) Renters’ Rights Act 2025 s. 44(6) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 17(3A) Renters’ Rights Act 2025 s. 43(7)(a) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 17(3A) Renters’ Rights Act 2025 s. 44(7)(a) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 17(4) Renters’ Rights Act 2025 s. 43(7)(b) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 17(4) Renters’ Rights Act 2025 s. 43(7)(c) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 17(4) Renters’ Rights Act 2025 s. 44(7)(b) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 17(4) Renters’ Rights Act 2025 s. 44(7)(c) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 27(3) Renters’ Rights Act 2025 s. 43(8) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 27(3) Renters’ Rights Act 2025 s. 44(8) s. 49 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 31 Renters’ Rights Act 2025 s. 45(5)(a) s. 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 s. 31 Renters’ Rights Act 2025 s. 45(5)(b) s. 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 title Renters’ Rights Act 2025 s. 45(1) s. 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 Deddf Rhentu Cartrefi (Ffioedd etc.) (Cymru) 2019 title Renters’ Rights Act 2025 s. 45(2) s. 138 s. 145(3) Renting Homes (Fees etc.) (Wales) Act 2019 2019 anaw 2 An Act of the National Assembly for Wales prohibiting persons from requiring certain payments to be made or certain other steps to be taken in consideration of the grant, renewal or continuance of a standard occupation contract, or pursuant to a term of a standard occupation contract; to make provision about holding deposits and in relation to requirements to publicise certain fees charged by letting agents; and for connected purposes. [15 May 2019] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: PART 1 Overview Overview of Act 1 1 This section gives an overview of the main provisions of this Act. 2 Part 2 makes it an offence for a landlord or letting agent to require certain payments to be made or certain other steps to be taken in consideration of the grant, renewal or continuance of a standard occupation contract, or pursuant to a term of a standard occupation contract. 3 Part 3 makes provision about the repayment of holding deposits (as defined in Schedule 1). 4 Part 4 makes provision about enforcement, including provision about powers to require information, and fixed penalties. 5 Part 5 makes provision for the recovery of payments prohibited by this Act, and of holding deposits withheld contrary to this Act. 6 Part 6 gives the Welsh Ministers a power to make provision by regulations in relation to publicising certain fees charged by letting agents. 7 Part 7 makes general provision, including provision about the procedural requirements for making regulations, and about Crown application. PART 2 Prohibition of certain payments etc. Prohibitions applying to landlords 2 1 It is an offence for a landlord to require a prohibited payment to be made to the landlord, or any other person— a in consideration of the grant, renewal or continuance of a standard occupation contract, or b pursuant to a term of a standard occupation contract which purports to require the payment to be made. 2 It is an offence for a landlord to require a person to enter into a contract for services with the landlord, or any other person— a in consideration of the grant, renewal or continuance of a standard occupation contract, or b pursuant to a term of a standard occupation contract which purports to require entry into the contract for services. 3 But subsection (2) does not apply if the contract for services concerned provides for services to be provided by a person upon whom the standard occupation contract confers, or would confer, the right to occupy a dwelling (whether or not the contract for services also provides for any other person to provide services). 4 It is an offence for a landlord to require the grant of a loan to the landlord, or any other person— a in consideration of the grant, renewal or continuance of a standard occupation contract, or b pursuant to a term of a standard occupation contract which purports to require the loan to be granted. 5 A person guilty of an offence under this section is liable on summary conviction to a fine. 6 The court by which a person (“the offender”) is convicted of an offence under subsection (1) may order the offender to pay the amount of the payment concerned or (in a case where part of the payment has been repaid) the outstanding amount of the payment to the person by whom it was paid. Prohibitions applying to letting agents 3 1 It is an offence for a letting agent to require a prohibited payment to be made to the letting agent, or any other person— a in consideration of arranging the grant, renewal or continuance of a standard occupation contract, or b pursuant to a term of a standard occupation contract which purports to require the payment to be made. 2 It is an offence for a letting agent to require a person to enter into a contract for services with the letting agent, or any other person— a in consideration of arranging the grant, renewal or continuance of a standard occupation contract, or b pursuant to a term of a standard occupation contract which purports to require entry into the contract for services. 3 But subsection (2) does not apply if the contract for services concerned is a contract between a landlord and a letting agent only, in respect of lettings work or property management work to be carried out by the agent on the landlord's behalf. 4 It is an offence for a letting agent to require the grant of a loan to the letting agent, or any other person— a in consideration of arranging the grant, renewal or continuance of a standard occupation contract, or b pursuant to a term of a standard occupation contract which purports to require the loan to be made. 5 A person guilty of an offence under this section is liable on summary conviction to a fine. 6 The court by which a person (“the offender”) is convicted of an offence under subsection (1) may order the offender to pay the amount of the payment concerned or (in a case where part of the payment has been repaid) the outstanding amount of the payment to the person by whom it was paid. Prohibited and permitted payments 4 1 Any payment of money is a prohibited payment unless— a it is payable by a landlord to a letting agent in respect of lettings work or property management work carried out by the agent on behalf of the landlord, or b it is a permitted payment by virtue of Schedule 1. 2 That Schedule makes provision about— a rent; b security deposits; c holding deposits; d payments in default; e payments in respect of council tax; f payments in respect of utilities; g payments in respect of a television licence; h payments in respect of communication services. i service charges; j payments in respect of further copies of a written statement. Non-binding contract terms 5 1 A term of a standard occupation contract is not binding on a contract-holder to the extent that (but for this section) it would require a prohibited payment to be made, or a contract for services to be entered into, or a loan to be made, as described in section 2 or 3. 2 But the contract continues, so far as practicable, to have effect in every other respect. Application of sections 2 to 5 to pre-existing requirements and contracts 6 Sections 2 to 5 do not apply in respect of— a a requirement imposed before the coming into force of this Part; b . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to amend definition of “permitted payment” 7 1 Regulations may amend this Act for the purposes of adding, modifying or removing a reference in Schedule 1 to a category of payment. 2 But the power in subsection (1) does not extend to removing the payment of rent from the categories of payment that are permitted payments under this Act. Meaning of “letting agent”, “lettings work” and “property management work” 8 For the purposes of this Part and Parts 3 to 5— “ letting agent ” (“ asiant gosod eiddo ”) means a person who carries out lettings work or property management work (whether or not the person carries out other work); “ lettings work ” (“ gwaith gosod ”) and “ property management work ” (“ gwaith rheoli eiddo ”) have the same meaning as in Part 1 of the Housing (Wales) Act 2014 (anaw 7) (see sections 10 and 12 of that Part). PART 3 TREATMENT OF HOLDING DEPOSITS Treatment of holding deposits 9 1 A payment that is a permitted payment by virtue of paragraph 3 of Schedule 1 (which permits the payment of holding deposits) is to be treated as having been made on the terms set out in Schedule 2. 2 Subsection (1) does not apply in relation to a payment made before the coming into force of Schedule 2. PART 4 Enforcement Enforcement authority powers to require information etc. Power to require documents or information 10 1 An authorised officer of an enforcement authority may exercise the powers conferred by subsections (2) and (3) in relation to documents or information reasonably required by the authority for the purpose of investigating whether any offence under this Act has been committed in respect of a dwelling located in the enforcement authority's area. 2 An authorised officer may give a notice to a person within subsection (4) requiring that person to produce, at a time and place, and to a person, specified in the notice, any documents which— a are specified or described in the notice, or fall within a category of document specified or described in the notice, and b are in the person's custody or under the person's control. 3 An authorised officer may give a notice to a person within subsection (4) requiring that person to provide, in a form and manner specified in the notice, and at a time and place and to a person specified in the notice, any information which— a is specified or described in the notice, or falls within a category of information which is specified in the notice, and b is known to the person. 4 The persons within this section are— a a person who is or has been a landlord under a standard occupation contract; b a person who is or has been a contract-holder under a standard occupation contract; c a person who is or has been a letting agent. 5 A notice under subsection (2) or (3) must include information about the possible consequences of not complying with the notice. 6 A person to whom any document is produced in accordance with a notice under subsection (2) or (3) may copy the document. 7 No person may be required under this section to produce any document or provide any information which the person would be entitled to refuse to produce or provide, in proceedings in the High Court, on grounds of legal professional privilege. 8 In this section, “ document ” includes information recorded otherwise than in legible form, and in relation to information so recorded, any reference to the production of a document is a reference to the production of a copy of the information in legible form. Offence of failing to comply with a notice under section 10 11 1 It is an offence for a person to fail to do anything required of the person by a notice under section 10. 2 In proceedings against a person for an offence under subsection (1) it is a defence that the person had a reasonable excuse for failing to comply with the notice. 3 A person who commits an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 4 on the standard scale. 4 It is an offence for a person to intentionally alter, suppress or destroy any document which the person has been required to produce by a notice under section 10. 5 A person who commits an offence under subsection (4) is liable on summary conviction to a fine. 6 In this section “ document ” includes information recorded otherwise than in legible form, and in relation to information so recorded— a the reference in subsection (4) to the production of a document is a reference to the production of a copy of the information in legible form, and b the reference in that subsection to suppressing a document includes a reference to destroying the means of reproducing the information. Offence of providing false or misleading information in relation to a notice under section 10 12 1 It is an offence for a person given a notice under section 10, in purported compliance with the notice, to supply information that is false or misleading, if the person— a knows that the information supplied is false or misleading, or b is reckless as to whether it is false or misleading. 2 It is an offence for a person to supply information that is false or misleading, if the person— a knows that the information is false or misleading, or is reckless as to whether it is false or misleading, and b knows that the information is to be used for the purpose of supplying information in purported compliance with the requirements of a notice given to another person under section 10. 3 A person who commits an offence under subsection (1) or (2) is liable on summary conviction to a fine. 4 In this section, “ false or misleading ” means false or misleading in a material respect. Fixed penalty notices Fixed penalty notices 13 1 Where an authorised officer of an enforcement authority has reason to believe that a person has committed an offence under section 2 or 3 in the authority's area, the officer may give that person a fixed penalty notice in respect of the offence. 2 A fixed penalty notice, for the purposes of subsection (1), is a notice offering a person the opportunity to discharge any liability to conviction for the offence to which the notice relates by paying a penalty of £1000. 3 The Welsh Ministers may by regulations substitute a different amount for the amount for the time being specified in subsection (2). 4 A fixed penalty notice given under this section is to be treated as if it were given under section 29 of the Housing (Wales) Act 2014 (anaw 7) for the purposes of subsections (2), (3) and (6) to (8) of that section (provision about how fixed penalty notices are given), and for this purpose the reference in subsection (8)(a) of that section to “the licensing authority” is to be treated as being a reference to the enforcement authority in question. 5 Fixed penalty receipts received by an enforcement authority by virtue of this section may not be used otherwise than for the purpose of the authority's functions relating to the enforcement of the provisions of this Act. Notification of conviction to licensing authority Duty of local housing authority to notify licensing authority of conviction 14 1 As soon as reasonably practicable after becoming aware that a person has been convicted of an offence under this Act in respect of a dwelling in its area, a local housing authority must comply with subsection (2). 2 The authority must give notification of the conviction to the licensing authority designated under section 3 of Part 1 of the Housing (Wales) Act 2014 (anaw 7), or, if there is more than one licensing authority so designated, to each of those authorities. 3 This section does not require a local housing authority to give a licensing authority notification of a conviction if the proceedings which led to the conviction were brought by the licensing authority under section 19. Guidance Duty to have regard to guidance 15 In exercising its functions under this Part an enforcement authority must have regard to any guidance issued by the Welsh Ministers. Meaning of “authorised officer” in this Part Meaning of “authorised officer” 16 Any reference in this Part to an authorised officer of an enforcement authority is a reference to a person (whether or not an officer of the authority) authorised in writing by the authority for the purposes of this Part. The enforcement authority for the purposes of this Part Enforcement authorities 17 1 For the purposes of this Part, each of the following is the enforcement authority in relation to the area of a local housing authority— a the local housing authority for the area, and b the licensing authority for the area. 2 But a licensing authority which, by virtue of subsection (1)(b), is the enforcement authority for the area of a local housing authority, may not exercise any function of an enforcement authority in relation to that area, nor bring proceedings under section 19 in relation to that area, without the prior written consent of the local housing authority for the area. 3 Consent under subsection (2) may be given generally or in relation to specific cases or functions. 4 For the purposes of this section, “ licensing authority ” means a person designated as a licensing authority under section 3 of Part 1 of the Housing (Wales) Act 2014 (anaw 7). 5 In this Part, references to the area of an enforcement authority are references to the area or, as the case may be, areas for which it is the enforcement authority. Information sharing and power to bring criminal proceedings Supply and use of information by enforcement authorities 18 1 If an enforcement authority requests information from another enforcement authority, that other authority must comply with the request unless it considers that doing so would be incompatible with the exercise of its functions (including functions exercisable otherwise than under this Part). 2 The information that may be requested of an enforcement authority under subsection (1) is information that has been obtained by that authority— a under this section, or b otherwise in the exercise of its functions under this Part. 3 An enforcement authority may use information within subsection (5)(a), (b) or (c) for any purpose connected to the exercise of the authority's functions under this Part. 4 An enforcement authority may, in addition, use information within subsection (5)(a) or (b) for any purpose connected to the exercise of any of its functions under Part 1 of the Housing (Wales) Act 2014 (anaw 7) (“ the 2014 Act ”). 5 The information is information— a that has been supplied to it by another enforcement authority under subsection (1); b that has otherwise been obtained by the enforcement authority in the exercise of its functions under this Part; c that, by virtue of section 36 of the 2014 Act, it is permitted to use for purposes connected to the exercise of its functions under Part 1 of that Act. 6 Section 17(2) does not apply in relation to the functions conferred on an enforcement authority by this section. Power of licensing authority to bring criminal proceedings 19 An enforcement authority which is a licensing authority may bring criminal proceedings in respect of an offence alleged to have been committed under this Act in respect of a dwelling located in its area (but this is subject to section 17(2)). Restrictions on termination by landlord of standard occupation contracts Restrictions on terminating standard occupation contracts 20 Schedule 9A to the Renting Homes (Wales) Act 2016 (anaw 1) includes provision relating to standard occupation contracts preventing a landlord from giving a notice seeking possession of a dwelling under section 173 or 186 of that Act, or under a landlord's break clause, if the landlord has not complied with provisions of this Act relating to prohibited payments and retained holding deposits. Guidance to a licensing authority under Part 1 of the Housing (Wales) Act 2014 Amendment to section 41 of Housing (Wales) Act 2014 21 In section 41 of the Housing (Wales) Act 2014 (anaw 7) (guidance under Part 1 of Act), after subsection (2) insert— 2A Guidance given to a licensing authority may (among other things) include provision about matters to be taken into account by a licensing authority in deciding whether a failure to repay the amount of any prohibited payment or holding deposit (within the meaning of the Renting Homes (Fees etc.) (Wales) Act 2019) affects a person's fitness to be licensed under this Part. PART 5 Recovery of amount by contract-holder Recovery of a prohibited payment or holding deposit 22 1 A person (the “claimant”) may apply to the county court for the recovery of the amount of— a any prohibited payment made by or on behalf of the claimant in respect of a standard occupation contract; b any holding deposit paid by or on behalf of the claimant in respect of a standard occupation contract. 2 A court to which an application under subsection (1)(a) is made may, if the court is satisfied beyond reasonable doubt that— a a prohibited payment has been made by or on behalf of the claimant, and b all or part of that payment has yet to be repaid to the claimant, order the repayment to the claimant, in accordance with the order, of the amount of the payment or (in a case where part of the payment has been repaid) of the outstanding amount of the payment. 3 A court to which an application under subsection (1)(b) is made may, if the court is satisfied, on the balance of probabilities, that— a a holding deposit has been paid by or on behalf of the claimant, and b there has been a failure to repay all or part of the holding deposit to the claimant in accordance with Schedule 2, order the repayment to the claimant, in accordance with the order, of the amount of the holding deposit or (in a case where part of the holding deposit has been repaid) of the outstanding amount of the holding deposit. 4 But subsection (2) does not apply in relation to a prohibited payment if criminal proceedings have been commenced by virtue of section 2 or 3 in respect of that payment, unless those proceedings have been discontinued. 5 An order under subsection (2) or (3) may not require the repayment of an amount, if that amount has been applied towards a payment of rent, or the security deposit, under the standard occupation contract concerned. PART 6 Publicising Letting agents' Fees Publicising letting agents' fees 23 1 Regulations may amend Chapter 3 of Part 3 of the Consumer Rights Act 2015 (c.15) (duty to publicise fees etc.)— a to require a letting agent to ensure that any online advertiser publicises the agent's relevant fees, so far as those fees relate to dwelling-houses in Wales; b to allow more than one penalty to be imposed on a letting agent in relation to the same breach of a duty in that Chapter, so far as the breach relates to dwelling-houses in Wales. 2 In this section— a “ online advertiser ”, in relation to a letting agent, means a person who advertises, on the internet, services offered by the agent in relation to dwelling houses in Wales; b “ dwelling house ”, “ letting agent ” and “ relevant fees ” have the same meaning as in Chapter 3 of Part 3 of the Consumer Rights Act 2015. PART 7 Final provisions Requirement for local housing authority to promote awareness of effect of Act 24 1 A local housing authority must make arrangements for information to be made publicly available in its area, in whatever way the authority thinks appropriate, about the effect of this Act, including about how prohibited payments and holding deposits may be recovered. 2 In making arrangements for the purposes of this section, a local housing authority must have regard to any guidance given by the Welsh Ministers. Power to make transitional provision in respect of assured tenancies 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Offences by bodies corporate 26 1 Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of— a a senior officer of the body corporate, or b a person purporting to be a senior officer of the body corporate, that senior officer or person (as well as the body corporate) is guilty of the offence and is liable to be proceeded against and punished accordingly. 2 In subsection (1), “ senior officer ” means a director, manager, secretary or other similar officer of the body corporate. 3 But in the case of a body corporate whose affairs are managed by its members, “ director ” for the purposes of this section means a member of the body corporate. Regulations 27 1 A power to make regulations under this Act is to be exercised by statutory instrument. 2 A power to make regulations under this Act includes power— a to make different provision for different purposes; b to make supplemental, incidental, consequential, transitional, transitory or saving provision. 3 A statutory instrument containing regulations under section 7, section 13 or paragraphs 2 or 6 of Schedule 1 (whether or not it contains regulations made under any other provision of this Act) may not be made unless a draft of the regulations has been laid before, and approved by resolution of, the National Assembly for Wales. 4 Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of the National Assembly for Wales. Interpretation 28 In this Act— “ contract-holder ” (“ deiliad contract ”) has the same meaning as in the Renting Homes (Wales) Act 2016 (anaw 1) (referred to in this section as “ the 2016 Act ”); “ dwelling ” (“ annedd ”) has the same meaning as in the 2016 Act; “ holding deposit ” (“ blaendal cadw ”) has the meaning given in Schedule 1; “ landlord ” (“ landlord ”) has the same meaning as in the 2016 Act; and if two or more persons jointly constitute the landlord, references in this Act to the landlord are to each of those persons; “ local housing authority ” (“ awdurdod tai lleol ”) means the council for a county or county borough in Wales; “ prohibited payment ” (“ taliad gwaharddedig ”) has the meaning given in section 4; “ regulations ” (“ rheoliadau ”) means regulations made by the Welsh Ministers; “ security deposit ” (“ blaendal sicrwydd ”) has the meaning given in Schedule 1; “ standard occupation contract ” (“ contract meddiannaeth safonol ”) means a contract that is a standard contract for the purposes of the 2016 Act. Crown application 29 1 This Act applies to the Crown. 2 No contravention of any provision made by or under this Act makes the Crown criminally liable, but the High Court may declare unlawful any act or omission of the Crown which constitutes such a contravention. Coming into force 30 1 This section and section 31 come into force on the day after the day this Act receives Royal Assent. 2 The other provisions of this Act come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument. 3 An order under this section may— a appoint different days for different purposes; b make transitory, transitional or saving provision. Short title 31 The short title of this Act is the Renting Homes (Fees etc.) (Wales) Act 2019. SCHEDULE 1 Permitted Payments (as introduced by section 4) Rent 1 1 A payment of rent under a standard occupation contract is a permitted payment. 2 But, subject as follows, if the amount of rent payable in respect of a relevant period (“P1”) is more than the amount of rent payable in respect of another relevant period (“P2”), the additional amount payable in respect of P1 is a prohibited payment. 3 Where there is more than one relevant period other than P1, P2 is whichever one of those other relevant periods is the period in respect of which the lowest amount of rent is payable. 4 In a case where the duration of one relevant period (P1) differs from that of another (P2), to determine— a whether a prohibited payment has been made by virtue of sub-paragraph (2), and b if so, the amount of the prohibited payment, the following steps are to be taken. Step 1 For each of P1 and P2, the applicable daily rate of rent (the “ADR”) is to be calculated (and in the case of an amount that is not a whole number of pennies, then rounded up to the nearest penny) by dividing the total amount of rent for the period by the number of days in the period. Step 2 If there is no difference between the ADR for each period, there is no prohibited payment. Step 3 But if the ADR for P1 differs from that for P2, determine which of the rates is the lower (the “lower ADR”) and which is the higher (the “higher ADR”). Step 4 For whichever period in respect of which the higher ADR is payable, calculate the amount of rent that would have been payable for it if rent had been payable in respect of that period at the lower ADR. Step 5 Calculate the difference between the amount of rent calculated under Step 4, and the amount of rent actually payable in respect of the period in which the higher ADR is payable. The resulting amount is a prohibited payment by virtue of sub-paragraph (2). 5 Where— a rent is payable monthly in respect of P1 and P2, or P1 and P2 are both periods calculated by reference to the same number of calendar months, and b the amount of rent payable in respect of P1 and P2 is the same, P1 and P2 are to be treated for the purposes of Step 2 in sub-paragraph (4) as having the same ADR. 6 No account is to be taken of any difference between the rent payable in respect of P1 and another relevant period to the extent that it results from a permitted variation of the rent. 7 In sub-paragraph (6), “ permitted variation ”, in relation to rent payable under a standard occupation contract, means a variation made— a by agreement between the landlord and the contract-holder; b pursuant to a term in the contract which provides for variation of the rent under the contract; c by or as a result of an enactment. 8 In this paragraph— a “ enactment ” means an enactment (whenever enacted or made) comprised in, or in an instrument made under— i an Act of Parliament, ii a Measure or an Act of the National Assembly for Wales, and b “ relevant period ”, in relation to a standard occupation contract, means any period in respect of which a payment of rent falls to be made. Security deposit 2 1 A payment of a security deposit is a permitted payment. 2 In this Act, “ security deposit ” means money paid as security for— a the performance of any obligations of a contract-holder, or b the discharge of any liability, arising under or in connection with an occupation contract. 3 But if the amount of the security deposit exceeds the prescribed limit, the amount of the excess is a prohibited payment. 4 In sub-paragraph (3), the “ prescribed limit ” means a limit specified by, or determined in accordance with, regulations. Holding deposit 3 A payment of a holding deposit is a permitted payment. 4 A holding deposit is an amount which— a before the grant of a standard occupation contract, is paid to a landlord or a letting agent; b is paid for the purpose of reserving a right of first refusal in relation to the granting of the contract, subject to suitability checks to be carried out as to the prospective contract-holder and agreement between the parties to enter into the contract; c does not exceed an amount equivalent to one week's rent under the contract. 5 Where an amount required in purported compliance with this paragraph exceeds an amount equivalent to one week's rent under the contract, the amount of the excess is a prohibited payment, with the remainder falling to be treated under Schedule 2. Payment in the event of default 6 1 A payment that is required, under a standard occupation contract, to be made in the event of a default by the contract-holder is a permitted payment, but this is subject to sub-paragraph (3). 2 In this paragraph, “ default ” means— a a failure by the contract-holder to make a payment by the due date to the landlord, or b a breach by the contract-holder of a term of the contract. 3 In the case of a default to which sub-paragraph (4) applies, if the amount of a payment required in the event of the default exceeds the prescribed limit, the amount of the excess is a prohibited payment. 4 This sub-paragraph applies to— a a failure by the contract-holder to make a payment of rent by the due date to the landlord; b any additional description of default which is specified by regulations. 5 In sub-paragraph (3), the “ prescribed limit ” means a limit specified by, or determined in accordance with, regulations. Payment in respect of council tax 7 1 A payment that a contract-holder is required to make to a billing authority in respect of council tax is a permitted payment if the contract-holder is liable to make the payment by virtue of any of sections 6, 8 or 9 of the Local Government Finance Act 1992 (c. 14). 2 In this paragraph “ billing authority ” has the same meaning as in Part 1 of the Local Government Finance Act 1992 (see section 1(2) of that Act). Payment in respect of provision of utilities 8 1 A payment for or in connection with the provision of a utility is a permitted payment if— a it is required under a standard occupation contract, and b it is made in respect of the dwelling subject to the contract. 2 A payment towards energy efficiency improvements under a green deal plan (within the meaning of section 1 of the Energy Act 2011 (c.16)) is a permitted payment if— a it is required under a standard occupation contract, and b it is made in respect of the dwelling subject to the contract. 3 In this Act “ utility ” means any of the following— a electricity, gas or other fuel; b water or sewerage. Payment in respect of television licence 9 1 A payment that a contract-holder is required to make to the British Broadcasting Corporation in respect of a television licence is a permitted payment if the contract-holder is required by the contract to make the payment. 2 In this paragraph “ television licence ” means a licence for the purposes of section 363 of the Communications Act 2003 (c. 21). Payment in respect of communication service 10 1 A payment for or in connection with a communication service is a permitted payment if— a it is required under a standard occupation contract, and b it is made in respect of the dwelling subject to the contract. 2 In this paragraph, a “ communication service ” means a service enabling any of the following to be used— a a telephone other than a mobile telephone; b the internet; c cable television; d satellite television. Service charges payable to community landlords etc. 10A 1 A payment of a service charge is a permitted payment if— a it is required under a standard occupation contract, and b the landlord is a community landlord. 2 But sub-paragraph (1) does not apply in relation to— a a standard occupation contract within paragraph 15 of Schedule 3 to the 2016 Act (accommodation which is not social accommodation), or b a standard occupation contract mentioned in sub-paragraph (3). 3 A payment of a service charge is a permitted payment if it is required under a standard occupation contract within section 143 of the 2016 Act (contracts relating to supported accommodation). 4 For the purposes of this paragraph— “ 2016 Act ” (“ Deddf 2016 ”) means the Renting Homes (Wales) Act 2016 (anaw 1); “ community landlord ” (“ landlord cymunedol ”) has the meaning given by section 9 of the 2016 Act; “ service charge ” (“ tâl gwasanaeth ”) does not include a charge for a service where the payment for the charge would be permitted by virtue of another paragraph of this Schedule, and in relation to sub-paragraph (3) only, includes charges for the provision of support services; “ support services ” (“ gwasnaethau cymorth ”) has the meaning given by section 143 of the 2016 Act (see, in particular, subsection (4) of that section). Payment for further copy of written statement 10B A payment of a reasonable fee for a further written statement of a standard occupation contract is a permitted payment. Changing the meaning of “permitted variation” in paragraph 1 11 If regulations made under section 7 amend this Schedule so as to change the meaning of “ permitted variation ” for the purposes of paragraph 1, they may also make consequential amendments to Chapter 3 of Part 6 and Chapter 3 of Part 7 of the Renting Homes (Wales) Act 2016 (anaw 1) (variation of standard occupation contracts). SCHEDULE 2 Treatment of Holding Deposit (as introduced by section 9) Application 1 1 This Schedule applies where a holding deposit is paid in respect of a standard occupation contract. 2 References in this Schedule to a contract-holder, in relation to a holding deposit, are to the person whose right of first refusal has been reserved by the holding deposit. Meaning of “deadline for agreement” 2 1 In this Schedule, the “ deadline for agreement ” means the fifteenth day of the period beginning with the day on which the holding deposit is paid. 2 But the parties may agree in writing that a different day is to be the deadline for agreement. 3 Regulations may amend sub-paragraph (1) to change the deadline for agreement. Requirement to repay holding deposit 3 Subject as follows, the person who received the holding deposit must repay it if— a the parties enter into the contract before the deadline for agreement, or b the parties fail to enter into the contract before the deadline for agreement. 4 The deposit must be repaid within the period of 7 days beginning with— a where paragraph 3(a) applies, the day on which the contract is made, or b where paragraph 3(b) applies, the deadline for agreement. Exceptions 5 Paragraph 3(a) does not apply to the extent that the amount of the deposit is applied— a towards the first payment of rent under the contract, or b towards the payment of a security deposit under the contract. 6 If all or part of the holding deposit is applied in accordance with paragraph 5(b), the amount applied is treated for the purposes of section 45 of the Renting Homes (Wales) Act 2016 (anaw 1) (requirement to use deposit schemes) as having been paid on the date the contract is made. 7 Paragraph 3(b) does not apply if the contract-holder provides false or misleading information to the landlord or letting agent and— a the landlord is reasonably entitled to take into account the difference between the information provided by the contract-holder and the correct information in deciding whether to grant a contract to the contract-holder, or b the landlord is reasonably entitled to take the contract-holder's action in providing false or misleading information into account in deciding whether to grant such a contract. 8 Paragraph 3(b) does not apply if the contract-holder notifies the landlord or letting agent before the deadline for agreement that the contract-holder has decided not to enter into a contract. 9 Paragraph 3(b) does not apply in relation to a holding deposit paid to a landlord if— a the landlord takes all reasonable steps to enter into a contract before the deadline for agreement, but b the contract-holder fails to take all reasonable steps to enter into a contract before that date. 10 Paragraph 3(b) does not apply in relation to a holding deposit paid to a letting agent if— a the agent takes all reasonable steps to assist the landlord to enter into a contract before the deadline for agreement, and b the landlord takes all reasonable steps to enter into a contract before that date, but c the contract-holder fails to take all reasonable steps to enter into a contract before that date. Supplemental provision about exceptions in paragraphs 8 to 10 11 1 The exceptions specified in paragraphs 8, 9 and 10 may not be relied upon unless the condition in sub-paragraph (2) is met. 2 The condition is that, before payment of the holding deposit, information within sub-paragraph (3) has been provided to the contract-holder by either the landlord or (if one has been instructed by the landlord in relation to the contract) the letting agent. 3 Information within this sub-paragraph is information specified in, or of a description specified in, regulations. 4 Information is not to be treated as having been provided to the contract-holder, for the purposes of sub-paragraph (1), unless it has been provided in whatever way (if any) is specified in the regulations. 5 In a case where a landlord has instructed a letting agent in relation to a contract, the exception in paragraph 9 may, in addition, not be relied upon unless the agent takes all reasonable steps to assist the landlord to enter into a contract before the deadline for agreement. SCHEDULE 3 AMENDMENTS TO THE RENTING HOMES (WALES) ACT 2016 (as introduced by section 20) 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction on giving notice for possession: periodic standard contracts 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on giving notice in connection with end of fixed term standard contracts 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restriction on using landlord's break clause in fixed term standard contracts 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions on a court hearing landlord's claim for possession 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Miscellaneous consequential provision 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Pt. 1 applied (with modifications) (1.9.2019) by The Renting Homes (Fees etc.) (Wales) Act 2019 (Transitional Provision for Assured Shorthold Tenancies) Regulations 2019 (S.I. 2019/1151) , regs. 1(2) , 3 Part 2 applied (with modifications) (1.9.2019) by the Renting of Homes (Fees etc.) (Wales) Act 2019 (Transitional Provision for Assured Shorthold Tenancies) Regulations 2019 (S.I. 2019/1151) , reg. 1(2) , 3 Pt. 3 applied (with modifications) (1.9.2019) by The Renting Homes (Fees etc.) (Wales) Act 2019 (Transitional Provision for Assured Shorthold Tenancies) Regulations 2019 (S.I. 2019/1151) , regs. 1(2) , 3 Pt. 4 applied (with modifications) (1.9.2019) by The Renting Homes (Fees etc.) (Wales) Act 2019 (Transitional Provision for Assured Shorthold Tenancies) Regulations 2019 (S.I. 2019/1151) , regs. 1(2) , 3 Pt. 5 applied (with modifications) (1.9.2019) by The Renting Homes (Fees etc.) (Wales) Act 2019 (Transitional Provision for Assured Shorthold Tenancies) Regulations 2019 (S.I. 2019/1151) , regs. 1(2) , 3 Pt. 7 applied (with modifications) (1.9.2019) by The Renting Homes (Fees etc.) (Wales) Act 2019 (Transitional Provision for Assured Shorthold Tenancies) Regulations 2019 (S.I. 2019/1151) , regs. 1(2) , 3 S. 21 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(b) S. 29 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(b) S. 23 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(b) Sch. 1 para. 11 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(c) Sch. 2 para. 6 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(d) S. 1 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 2 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 3 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 4 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 5 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 6 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 7 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 8 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 9 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 10 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 11 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 12 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 13 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 14 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 15 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 16 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 17 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 18 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 19 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(a) S. 22 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(b) S. 24 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(b) S. 25 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(b) S. 26 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(b) S. 27 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(b) S. 28 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(b) Sch. 1 para. 1 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(c) Sch. 1 para. 2 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(c) Sch. 1 para. 3 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(c) Sch. 1 para. 4 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(c) Sch. 1 para. 5 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(c) Sch. 1 para. 6 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(c) Sch. 1 para. 7 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(c) Sch. 1 para. 8 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(c) Sch. 1 para. 9 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(c) Sch. 1 para. 10 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(c) Sch. 2 para. 1 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(d) Sch. 2 para. 2 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(d) Sch. 2 para. 3 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(d) Sch. 2 para. 4 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(d) Sch. 2 para. 5 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(d) Sch. 2 para. 7 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(d) Sch. 2 para. 8 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(d) Sch. 2 para. 9 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(d) Sch. 2 para. 10 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(d) Sch. 2 para. 11 in force at 1.9.2019 by S.I. 2019/1150 , art. 2(d) Sch. 1 para. 10A inserted (with effect in accordance with s.15(4) of the amending Act) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 15(1) , 19(1) (with s. 15(5)-(7) ) S. 4(2)(i) inserted (with effect in accordance with s.15(4) of the amending Act) by the Renting of Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 15(2) , 19(1) (together with s. 15(5)-(7)) Sch. 1 para. 10B and cross-heading inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 16(2) , 19(3) Sch. 3 omitted (7.6.2021) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 6(5)(b) , 19(3) S. 4(2)(j) inserted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 16(3) , 19(3) S. 20 substituted (7.6.2021) by Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , ss. 6(5)(a) , 19(3) S. 6(b) omitted (1.12.2022) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(2) , Sch. 6 para. 28(2) ; S.I. 2022/904 , art. 2 S. 25 omitted (1.12.2022) by virtue of Renting Homes (Amendment) (Wales) Act 2021 (asc 3) , s. 19(2) , Sch. 6 para. 28(3) ; S.I. 2022/904 , art. 2
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[uk-legislation-anaw][anaw] 2024-05-04
http://www.legislation.gov.uk/anaw/2019/1/2022-03-25
http://www.legislation.gov.uk/anaw/2019/1/2022-03-25 Childcare Funding (Wales) Act 2019 An Act of the National Assembly for Wales to make provision for the funding by the Welsh Ministers of childcare for children of working parents; and for connected purposes. text text/xml en Statute Law Database 2022-06-14 Expert Participation 2022-03-25 Childcare Funding (Wales) Act 2019 2019 anaw 1 An Act of the National Assembly for Wales to make provision for the funding by the Welsh Ministers of childcare for children of working parents; and for connected purposes. [30 January 2019] Having been passed by the National Assembly for Wales and having received the assent of Her Majesty, it is enacted as follows: Provision of funding for childcare Funding of childcare for children of working parents 1 1 The Welsh Ministers must provide funding in respect of childcare for qualifying children of working parents. 2 Regulations must specify the amount of childcare to be secured by virtue of funding provided under subsection (1). 3 A qualifying child of working parents is a child under compulsory school age— a who is in Wales; b who is of an age (or within an age range) specified in regulations; c who meets any other conditions specified in regulations; d in respect of whom a declaration has been made, in accordance with regulations, to the effect that the requirements of paragraphs (a), (b) and (c) are or continue to be satisfied. 4 Conditions specified under subsection (3)(c) in respect of a child may (among other things) relate to primary education (within the meaning of section 2(1)(a) of the Education Act 1996) received by, or made available to, the child. 5 Conditions specified under subsection (3)(c) in respect of a child may also relate to a parent of the child, or a partner of a parent of the child, including (among other things) to paid work carried out by a parent or a partner. 6 Provision made under subsection (3)(d) in respect of a declaration may (among other things) include provision about when a declaration is to be made, the duration of a declaration, and conditions that are to be met by a person making a declaration. 7 Regulations may make provision, for the purposes of this section, about— a circumstances in which a child is, or is not, to be regarded as being in Wales; b circumstances in which a person is, or is not, to be regarded as another person's partner; c circumstances in which a person is, or is not, to be treated as carrying out paid work. 8 For the purposes of this section, “ parent ”, in relation to a child, includes— a any individual who has parental responsibility (within the meaning of the Children Act 1989 (c. 41)) for the child; b any individual who has care of the child. 9 References in this section to regulations are to regulations made by the Welsh Ministers. Power to make regulations in respect of childcare funding Power to make provision about administration etc. of funding 2 1 The Welsh Ministers may by regulations make provision about the administration and operation of any arrangements made by the Welsh Ministers for the purposes of section 1. 2 The provision which may be made by the regulations includes (among other things) provision within sections 3 to 7. 3 References in those sections to “the regulations” are references to regulations under this section. Provision for disclosure of information Requirement for parents etc. to provide information 3 1 The regulations may make provision requiring a person to provide documents or information specified in the regulations, or of a description specified in the regulations, to the Welsh Ministers or to a person providing services to the Welsh Ministers. 2 But a requirement may not be imposed on a person by virtue of this section unless the person has made, or is making, a declaration under section 1(3)(d). 3 The regulations may make provision for a penalty to be imposed on a person who provides false or misleading information in connection with a requirement imposed by virtue of this section. 4 In subsection (3) “ false or misleading ” means false or misleading in a material particular. 5 But a person is not liable to a penalty by virtue of this section in respect of anything if the person has been convicted of an offence in relation to it. 6 The maximum amount of any penalty that may be specified in or determined in accordance with the regulations by virtue of subsection (3) is £3,000. Provision of information by third parties 4 1 The regulations may permit the Commissioners for Her Majesty's Revenue and Customs, or a person providing services to the Commissioners, to provide qualifying information to the Welsh Ministers or to a person providing services to the Welsh Ministers. 2 The regulations may also permit a government department or a Minister of the Crown, or a person providing services to a government department or a Minister of the Crown, to provide qualifying information to the Welsh Ministers or to a person providing services to the Welsh Ministers. 3 The regulations may permit or require a local authority, or a person providing services to a local authority, to provide qualifying information to the Welsh Ministers, or to a person providing services to the Welsh Ministers. 4 “ Qualifying information ” means information that is specified in the regulations or that is of a description specified in the regulations; but information or a description of information may be so specified only if the Welsh Ministers consider it appropriate to do so for the purposes of determinations as to eligibility for funding under section 1. 5 Provision for the disclosure of information held by— a the Commissioners for Her Majesty's Revenue and Customs; b a Minister of the Crown; c a government department; d a person providing services to a person mentioned in paragraph (a), (b) or (c), may be made in the regulations only if the appropriate Minister has consented to the provision. 6 The appropriate Minister is— a in relation to the Commissioners for Her Majesty's Revenue and Customs, the Treasury; b in relation to a Minister of the Crown or a government department, the Secretary of State. Onward disclosure of information disclosed by virtue of section 3 or 4 5 1 The regulations may make provision for the onward disclosure of information that has been disclosed by virtue of section 3 or 4. 2 But subsection (3) applies in the case of information disclosed in accordance with provision to which the appropriate Minister has consented under section 4(5). 3 The regulations may make provision for the onward disclosure of the information only if the appropriate Minister (within the meaning of section 4) has consented to the provision for onward disclosure. 4 The regulations may include provision creating criminal offences in connection with the onward disclosure of information that relates to a particular person. 5 If the regulations create a criminal offence relating to the onward disclosure of information, provision made for any penalty of imprisonment on conviction on indictment may not specify a term of imprisonment exceeding two years (whether or not accompanied by a fine). Provision for reviews and appeals Reviews of determinations and appeals to the First-tier Tribunal 6 1 The regulations may make provision for reviews of, or appeals to the First-tier Tribunal against, determinations as to eligibility for funding under section 1. 2 Where provision is made by virtue of section 3 for the imposition of financial penalties, the regulations must include provision enabling a person on whom a financial penalty is imposed— a to require a review of the imposition of the penalty or its amount; b to appeal to the First-tier Tribunal against the imposition of the penalty or its amount. Provision for functions to be exercised by local authorities Power to confer functions on local authorities 7 1 The regulations may confer powers or impose obligations upon a local authority in connection with funding under section 1. 2 The regulations may require a local authority, when exercising a power or complying with an obligation, to have regard to any guidance issued by the Welsh Ministers under the regulations. Duty to report on effect of Act Duty to prepare and publish report on the effect of this Act 8 1 As soon as practicable after the end of the five year period, the Welsh Ministers must prepare and publish a report on the effect of this Act, and on the operation of any arrangements made for the purposes of section 1. 2 The five year period, for the purposes of this section, is the period of five years beginning with the day on which section 1 comes into force. General Consequential amendment to the Commissioners for Revenue and Customs Act 2005 9 In section 18 of the Commissioners for Revenue and Customs Act 2005 (c. 11) (duty of confidentiality), in subsection (2), after paragraph (i) insert— ia which is made to the Welsh Ministers, or to a person providing services to the Welsh Ministers, by virtue of regulations made under the Childcare Funding (Wales) Act 2019, . Meaning of “local authority” 10 In this Act, “ local authority ” means a council for a county or county borough in Wales. Power to change amount of financial penalty for provision of false or misleading information 11 Regulations made by the Welsh Ministers under this section may substitute a different amount for the amount for the time being specified in section 3(6). Supplementary provision about regulations under this Act 12 1 Any power to make regulations under this Act is exercisable by statutory instrument, and includes power to— a confer a discretion on any person, b make different provision for different purposes or areas, and c make consequential, incidental, supplementary, transitory, transitional or saving provision. 2 A statutory instrument containing regulations under this Act may not be made unless a draft of the instrument has been laid before, and approved by resolution of, the National Assembly for Wales. Coming into force 13 1 This section and section 14 come into force on the day after the day on which this Act receives Royal Assent. 2 The other provisions of this Act come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument. 3 An order under subsection (2) may— a appoint different days for different purposes or areas; b make transitory, transitional or saving provision in connection with the coming into force of a provision of this Act. Short title 14 The short title of this Act is the Childcare Funding (Wales) Act 2019.
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"[uk-legislation-anaw][anaw] 2024-05-04\nhttp://www.legislation.gov.uk/anaw/2018/5/2020-03-02\n\nhtt(...TRUNCATED)
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"[uk-legislation-anaw][anaw] 2024-05-04\nhttp://www.legislation.gov.uk/anaw/2018/3/2018-11-22\n\nhtt(...TRUNCATED)
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"[uk-legislation-anaw][anaw] 2024-05-04\nhttp://www.legislation.gov.uk/anaw/2018/1/2019-01-26\n\nhtt(...TRUNCATED)
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"[uk-legislation-anaw][anaw] 2024-05-04\nhttp://www.legislation.gov.uk/anaw/2017/4/2017-09-13\n\nhtt(...TRUNCATED)
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"[uk-legislation-anaw][anaw] 2024-05-04\nhttp://www.legislation.gov.uk/anaw/2014/6/2018-04-19\n\nhtt(...TRUNCATED)
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