Part 2Local government bodies in Wales

Chapter 1Accounts and audit

Miscellaneous

37Extraordinary audit

1

The Auditor General for Wales may direct an auditor to hold an extraordinary audit of the accounts of a local government body in Wales if the condition in subsection (2) or the condition in subsection (3) is met.

2

The condition is that it appears to the Auditor General for Wales to be desirable to hold an extraordinary audit of the body’s accounts.

3

The condition is that an application for an extraordinary audit of the body’s accounts is made by a local government elector for the area of the body.

4

The Assembly may require the Auditor General for Wales to direct an auditor to hold an extraordinary audit of the accounts of a local government body in Wales if it appears to the Assembly to be desirable in the public interest for an extraordinary audit of the body’s accounts to be held.

5

These provisions apply to an extraordinary audit under this section as they apply to an ordinary audit under this Chapter—

a

section 15;

b

sections 17 to 19;

c

sections 22 to 28;

d

sections 31 and 32.

6

An extraordinary audit of a body’s accounts may be held under this section only if 3 clear days' notice in writing of the audit is given to the body.

7

The expenditure incurred in holding an extraordinary audit of a body’s accounts under this section must be met in the first instance by the Auditor General for Wales.

8

The Auditor General for Wales may recover all or part of the expenditure from the body.

38Audit of accounts of officers

1

This section applies if an officer of a local government body in Wales receives money or other property—

a

on behalf of the body, or

b

for which he ought to account to the body.

2

The auditor of the body’s accounts must audit the officer’s accounts.

3

These provisions apply with the necessary modifications to the accounts and audit—

a

section 13(1);

b

sections 17 to 24;

c

sections 27 to 32;

d

section 37;

e

section 39.

39Accounts and audit regulations

1

The Assembly may by regulations applying to local government bodies in Wales make provision with respect to—

a

the keeping of accounts;

b

the form, preparation and certification of accounts and of statements of accounts;

c

the deposit of the accounts of a body at the offices of the body or at another place;

d

the publication of information relating to accounts and the publication of statements of accounts;

e

the exercise of any rights of objection or inspection conferred by section 29, 30 or 31 and the steps to be taken by a body for informing local government electors for the area of the body of those rights.

2

Before making any regulations under this section the Assembly must consult—

a

the Auditor General for Wales,

b

any associations of local authorities in Wales which appear to it to be concerned, and

c

any bodies of accountants which appear to it to be appropriate.

3

A person commits an offence if—

a

without reasonable excuse he contravenes a provision of regulations under this section, and

b

the regulations declare that contravention of the provision is an offence.

4

A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

5

Subsection (6) applies if—

a

a person is convicted of committing an offence under subsection (3) in relation to a body, and

b

expenses are incurred by an auditor in connection with proceedings for the offence.

6

The expenses may be recovered from the convicted person or the body, to the extent that they are not recovered from any other source.

40Documents relating to police authorities

1

If the Auditor General for Wales receives a copy of a report under section 22(5) or (6) and the report relates to a police authority for a police area in Wales, he must send a copy of the report to the Secretary of State and the Assembly.

2

If the Auditor General for Wales has sent a document (or a copy of a document) relating to one or more police authorities for police areas in Wales to a police authority for a police area in Wales, he may send a copy of the document to the Secretary of State and the Assembly.