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.
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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:
5(1)Section 7 (audit) is amended as follows.E+W
(2)In subsection (3) at the beginning insert “ If an authority’s auditor is appointed by the Audit Commission, ”and for “an auditor's” substitute “ the auditor's ”.
(3)After subsection (3) insert—
“(3A)If an authority’s auditor is appointed by the Auditor General for Wales, sections 18 and 19 of the Public Audit (Wales) Act 2004 (auditor’s rights to documents and information) shall have effect in relation to the auditor’s functions under this Part as those sections have effect in relation to his functions under Chapter 1 of Part 2 of that Act.”
(4)In subsection (4)(e) at the beginning insert “ if the auditor is appointed by the Audit Commission, ”.
(5)In subsection (4) after “section 10,” insert—
“(ea)if the auditor is appointed by the Auditor General for Wales, recommending whether the Auditor General for Wales should carry out a best value inspection of the authority under section 10A,”.
(6)In subsection (5)(b) at the beginning insert “ if the auditor is appointed by the Audit Commission, ”.
(7)In subsection (5) after “Audit Commission,” insert—
“(ba)if the auditor is appointed by the Auditor General for Wales, to the Auditor General for Wales,”.
(8)In subsection (7)—
(a)for “reference in subsection (1)” substitute “ references in subsections (1), (3) and (3A) ”;
(b)for “is” substitute “ are ”;
(c)for “a reference” substitute “ references ”.
(9)In subsection (8)(a) at the beginning insert “ if he was appointed by the Audit Commission, ”.
(10)In subsection (8) after “Audit Commission Act 1998,” insert—
“(aa)if he was appointed by the Auditor General for Wales, is no longer eligible for appointment under section 14 of the Public Audit (Wales) Act 2004,”.
(11)In subsection (8) for the words after paragraph (b) substitute “ the references in subsections (1), (3) and (3A) to the authority’s auditor are, in respect of that financial year, references to the auditor or auditors appointed in accordance with subsection (8A). ”
(12)After subsection (8) insert—
“(8A)The auditor or auditors shall be appointed—
(a)by the Auditor General for Wales, if the authority is a best value authority in Wales;
(b)by the Audit Commission, in any other case.
(8B)Section 14 of the Public Audit (Wales) Act 2004 shall apply to an appointment under subsection (8A)(a) as if it were an appointment of a person to audit the authority’s accounts under section 13 of that Act.”
(13)In subsection (9) for “subsection (8)” substitute “ subsection (8A)(b) ”.
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Latest with prospective:Latest with prospective is the latest available (revised) version of the legislation but includes the prospective versions of individual provisions where they exist. This point in time view of the legislation becomes available after clicking a prospective version of a provision via Advanced Features > Show Timeline of Changes.
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.
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
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