Budget Responsibility and National Audit Act 2011

Comptroller and Auditor General: vacancy or incapacity

7 (1) This paragraph applies if the office of Comptroller and Auditor General is vacant.

(2) This paragraph also applies if—

(a) the Speaker of the House of Commons certifies to that House that, in the view of the Speaker, the ability of the person who is Comptroller and Auditor General to carry out the functions of that office is seriously impaired because of ill health (whether mental or physical), and

(b) this paragraph has not previously applied in relation to that person.

(3) NAO may, with the agreement of the Public Accounts Commission, authorise an employee of NAO to carry out the Comptroller and Auditor General’s functions during the vacancy or period of ill health.

(4) The “period of ill health” means the period—

(a) starting when the Speaker of the House of Commons certifies to that House as mentioned in sub-paragraph (2)(a), and

(b) ending when the Speaker certifies to that House that, in the view of the Speaker, the person’s ability to carry out the functions of the Comptroller and Auditor General is no longer seriously impaired because of ill health.

(5) The functions to which sub-paragraph (3) applies include the function of delegating under paragraph 6.

(6) In relation to a vacancy or period of ill health of more than 6 months, functions may not be carried out by virtue of sub-paragraph (3) after the end of the first 6 months.