- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Public Audit (Wales) Act 2004. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
(1)Each of these local government bodies in Wales is a relevant body for the purposes of sections 47 to 49—
(a)a local authority in Wales;
(b)a committee of a local authority in Wales (including a joint committee of two or more local authorities in Wales);
(c)a National Park authority for a National Park in Wales;
(d)a police authority for a police area in Wales;
(e)a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 (c. 21) or a scheme to which section 4 of that Act applies.
(2)The Assembly may by order provide for sections 47 to 49 to have effect as if any other local government body in Wales were a relevant body for the purposes of those sections.
(3)In this section “ ” does not include a community council.
(1)The Auditor General for Wales must give any directions which he thinks fit for requiring relevant bodies to publish the information mentioned in subsection (2).
(2)The information is information relating to their activities in a financial year which will, in the opinion of the Auditor General for Wales, facilitate the making of appropriate comparisons—
(a)between the standards of performance achieved by different relevant bodies in the financial year, or
(b)between the standards of performance achieved by relevant bodies in different financial years.
(3)The comparisons are to be made by reference to the criteria of cost, economy, efficiency and effectiveness.
(4)If a relevant body is required by a direction under this section to publish information in relation to a financial year, it must—
(a)make arrangements for collecting and recording the information which secure that the information is available for publication and (so far as practicable) that everything published in pursuance of the direction is accurate and complete,
(b)publish the information in accordance with the direction and in a method permitted under section 48 before the end of the period of 9 months starting immediately after the end of the financial year, and
(c)keep a document containing any information published in pursuance of the direction available for inspection by local government electors for its area.
(5)The Assembly may by order vary the period specified in subsection (4)(b).
(6)The period specified in an order under subsection (5) must not be longer than 9 months starting immediately after the end of the financial year in question.
(7)A local government elector for the area of a relevant body may—
(a)at all reasonable times and without payment, inspect and make copies of the whole or any part of a document kept available for inspection by the body under subsection (4)(c);
(b)require copies of the whole or part of any such document to be delivered to him on payment of a reasonable sum for each copy.
(8)A person who has custody of a document kept available for inspection under subsection (4)(c) commits an offence if—
(a)he obstructs a person in the exercise of his rights under subsection (7), or
(b)he refuses to comply with a requirement under subsection (7)(b).
(9)A person guilty of an offence under subsection (8) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(1)The permitted methods of publication referred to in section 47(4)(b) are these.
(2)The relevant body may publish the information in a newspaper which is—
(a)printed for sale, and
(b)circulating in its area.
(3)If the relevant body ensures that the distribution condition is met with respect to the information, it may publish the information in a newspaper or periodical publication which—
(a)is produced and distributed by another person (other than a local authority company), and
(b)is free of charge to the recipient.
(4)A relevant body ensures that the distribution condition is met with respect to information if—
(a)in any case, the body takes all reasonable steps to secure that a copy of a publication containing the information is distributed to each dwelling house in its area;
(b)in a case where the body considers that the information is of concern to persons carrying on business in its area, the body takes such steps as it considers reasonable and practicable to secure that a copy of a publication containing the information is also distributed to business premises in its area.
(5)A local authority company is a company under the control of a local authority.
(6)Section 68(1) of the Local Government and Housing Act 1989 (c. 42) (company under control of local authority) has effect for the purposes of subsection (5) as it has effect for the purposes of Part 5 of that Act.
(1)A direction under section 47 requiring the publication of information must—
(a)identify the financial year or years in relation to which the information is to be published,
(b)specify or describe the activities to which the information is to relate, and
(c)make provision as to the matters to be contained in the information and as to the form in which it is to be published.
(2)A direction under section 47—
(a)may be given so as to apply either to all relevant bodies or to all relevant bodies of a description specified in the direction;
(b)may be varied or revoked by a subsequent direction under that section.
(3)Before giving a direction under section 47 which imposes a new requirement on a relevant body as to the publication of any information the Auditor General for Wales must consult—
(a)any associations of relevant bodies he thinks fit, and
(b)any other persons he thinks fit.
(4)A direction under section 47 imposing a new requirement on a relevant body as to the publication of any information must not be given later than the 31 December in the financial year which precedes the relevant financial year.
(5)The relevant financial year is the financial year in relation to which the information is to be published.
(6)If the Auditor General for Wales gives a direction under section 47 he must—
(a)publish the direction in the manner he considers appropriate for bringing it to the attention of members of the public, and
(b)send a copy of the direction to every relevant body on which duties are imposed by virtue of the direction.
(7)References in this section to the imposition of a new requirement on a relevant body as to the publication of information are to—
(a)the imposition of a requirement by the first direction under section 47 to apply to the body;
(b)any subsequent extension of or addition to—
(i)the matters to be contained in the information which the body is required to publish in relation to a financial year in pursuance of directions under section 47, or
(ii)the activities to which any such information is to relate.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: