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Part 2 E+W+S+N.I.Amendments

Exchequer and Audit Departments Act 1866E+W+S+N.I.

2In the Exchequer and Audit Departments Act 1866, omit sections 3 and 6 (which relate to the tenure of, and vacancies in, the office of Comptroller and Auditor General).E+W+S+N.I.

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Commencement Information

I1Sch. 5 para. 2 in force at 1.4.2012 by S.I. 2011/2576, art. 5

Exchequer and Audit Departments Act 1957E+W+S+N.I.

3(1)The Exchequer and Audit Departments Act 1957 is repealed.E+W+S+N.I.

(2)Sub-paragraph (1) does not affect the position of any person by virtue of section 1(3A) of that Act (computation of salary of former Comptroller and Auditor General for purposes of pension).

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Commencement Information

I2Sch. 5 para. 3 in force at 1.4.2012 by S.I. 2011/2576, art. 5

Public Records Act 1958E+W+S+N.I.

4In Schedule 1 to the Public Records Act 1958 (definition of public records), in Part 2 of the Table at the end of paragraph 3 the reference to old NAO is to be read as a reference to NAO.E+W+S+N.I.

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Commencement Information

I3Sch. 5 para. 4 in force at 1.4.2012 by S.I. 2011/2576, art. 5

Superannuation Act 1972E+W+S+N.I.

5The Superannuation Act 1972 is amended as follows.E+W+S+N.I.

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Commencement Information

I4Sch. 5 para. 5 in force at 1.4.2012 by S.I. 2011/2576, art. 5

6(1)In section 13 (the Comptroller and Auditor General), before subsection (1) insert—E+W+S+N.I.

(A1)This section does not apply to a person appointed as Comptroller and Auditor General under Part 2 of the Budget Responsibility and National Audit Act 2011.

(2)Sub-paragraph (1) does not affect the position of the person mentioned in paragraph 5(1) of Schedule 4 to this Act so far as section 13 of the 1972 Act applies in relation to that person's service as Comptroller and Auditor General before the appointed day (within the meaning of paragraph 5(4) of that Schedule).

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Commencement Information

I5Sch. 5 para. 6 in force at 1.4.2012 by S.I. 2011/2576, art. 5

7(1)In Schedule 1 (kinds of employment to which the Act applies), in the list of “Other Bodies”—E+W+S+N.I.

(a)omit “National Audit Office.”, and

(b)insert at the appropriate place— “ Employment by the National Audit Office. ”

(2)Sub-paragraph (1) does not affect the position of any person who was a member of the staff of old NAO but who ceased to be a member before the appointed day (within the meaning of paragraph 1(11) of Schedule 4).

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Commencement Information

I6Sch. 5 para. 7 in force at 1.4.2012 by S.I. 2011/2576, art. 5

House of Commons Disqualification Act 1975E+W+S+N.I.

8(1)Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership) is amended as follows.E+W+S+N.I.

(2)In Part 2, insert at the appropriate place— “ The National Audit Office. ”

(3)In Part 3—

(a)omit “Comptroller and Auditor General.” and “Member of the staff of the National Audit Office.”, and

(b)insert at the appropriate place— “ Employee of the National Audit Office. ”

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Commencement Information

I7Sch. 5 para. 8 in force at 1.4.2012 by S.I. 2011/2576, art. 5

Northern Ireland Assembly Disqualification Act 1975E+W+S+N.I.

9(1)Schedule 1 to the Northern Ireland Assembly Disqualification Act 1975 (offices disqualifying for membership) is amended as follows.E+W+S+N.I.

(2)In Part 2, insert at the appropriate place— “ The National Audit Office. ”

(3)In Part 3—

(a)omit “Comptroller and Auditor General.” and “Member of the staff of the National Audit Office.”, and

(b)insert at the appropriate place— “ Employee of the National Audit Office. ”

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Commencement Information

I8Sch. 5 para. 9 in force at 1.4.2012 by S.I. 2011/2576, art. 5

Parliamentary and other Pensions and Salaries Act 1976E+W+S+N.I.

10(1)In section 6 of the Parliamentary and other Pensions and Salaries Act 1976, omit subsection (3).E+W+S+N.I.

(2)Sub-paragraph (1) does not affect the position of any person by virtue of section 1(3A) of the Exchequer and Audit Departments Act 1957.

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Commencement Information

I9Sch. 5 para. 10 in force at 1.4.2012 by S.I. 2011/2576, art. 5

Race Relations Act 1976E+W+S+N.I.

11(1)In Part 2 of Schedule 1A to the Race Relations Act 1976 (bodies and persons subject to general statutory duty), under the heading “Regulatory, audit and inspection”—E+W+S+N.I.

(a)insert at the appropriate place— “ The Comptroller and Auditor General. ”, and

(b)the reference to old NAO is to be read as a reference to NAO.

(2)Sub-paragraphs (3) and (4) apply in relation to any function that was a function of old NAO by virtue of Part 2 of that Schedule.

(3)Anything done by, on behalf of or in relation to old NAO has effect as if done by, on behalf of or in relation to the relevant person, so far as necessary or appropriate for continuing its effect after the coming into force of sub-paragraph (1).

(4)Anything (including legal proceedings) which, immediately before the coming into force of sub-paragraph (1), is in the process of being done by, on behalf of or in relation to old NAO may be continued by, on behalf of or in relation to the relevant person.

(5)The relevant person” means—

(a)in relation to matters within NAO's functions, NAO;

(b)in relation to matters within the Comptroller and Auditor General's functions, the Comptroller and Auditor General.

(6)The amendments made by sub-paragraph (1) cease to have effect when the repeal of the Race Relations Act 1976 by Schedule 27 to the Equality Act 2010 has effect for all purposes.

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Commencement Information

I10Sch. 5 para. 11 in force at 1.4.2012 by S.I. 2011/2576, art. 5

Interpretation Act 1978E+W+S+N.I.

12In Schedule 1 to the Interpretation Act 1978, in the definition of “Comptroller and Auditor General”, omit “appointed in pursuance of the Exchequer and Audit Departments Act 1866”.E+W+S+N.I.

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Commencement Information

I11Sch. 5 para. 12 in force at 1.4.2012 by S.I. 2011/2576, art. 5

National Audit Act 1983E+W+S+N.I.

13(1)In the National Audit Act 1983, omit the following provisions—E+W+S+N.I.

(a)sections 1, 3(1) to (6), 4 and 5;

(b)paragraphs 1 to 3 of Schedule 2;

(c)Schedule 3.

(2)Sub-paragraph (1) does not affect the position of any person by virtue of paragraph 2(3) or (4) of Schedule 2 to that Act (transfers of staff).

(3)The repeal of section 3(4) of that Act does not affect the position under the Superannuation Act 1972 of any person who was a member of the staff of old NAO but who ceased to be a member before the appointed day (within the meaning of paragraph 1(11) of Schedule 4).

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Commencement Information

I12Sch. 5 para. 13 in force at 1.4.2012 by S.I. 2011/2576, art. 5 (with art. 6)

Finance Act 1989E+W+S+N.I.

14(1)Section 182 of the Finance Act 1989 (disclosure of information) is amended as follows.E+W+S+N.I.

(2)In subsection (4)(a)—

(a)in sub-paragraph (i), for “and any member of the staff of the National Audit Office” substitute “ , of the National Audit Office and any member or employee of that Office or of any member of the staff of the National Audit Office that was established by section 3 of the National Audit Act 1983 ”, and

(b)after that sub-paragraph insert—

(ia)of the Comptroller and Auditor General for Northern Ireland and any member of the staff of the Northern Ireland Audit Office,.

(3)In subsection (6), after “Comptroller” insert “ and Auditor General, the Comptroller and Auditor General for Northern Ireland ”.

(4)In subsection (11), omit paragraphs (a) and (b).

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Commencement Information

I13Sch. 5 para. 14 in force at 1.4.2012 by S.I. 2011/2576, art. 5

Social Security Administration Act 1992E+W+S+N.I.

15(1)In section 123 of the Social Security Administration Act 1992 (unauthorised disclosure of information relating to particular persons), subsection (8) is amended as follows.E+W+S+N.I.

(2)After paragraph (a) insert—

(aa)any member or employee of the National Audit Office;

(ab)any other person who carries out the administrative work of the National Audit Office, or who provides, or is employed in the provision of, services to that Office;.

(3)In paragraph (i), omit “the National Audit Office or”.

(4)In paragraph (j)—

(a)for “either of those Offices” substitute “ the Northern Ireland Audit Office ”, and

(b)for “either of them” substitute “ that Office ”.

(5)After paragraph (j) insert—

(jza)the following persons—

(i)any member of the staff of the National Audit Office that was established by section 3 of the National Audit Act 1983, or

(ii)any other person who carried out the administrative work of that Office, or who provided, or who was employed in the provision of, services to that Office;.

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Commencement Information

I14Sch. 5 para. 15 in force at 1.4.2012 by S.I. 2011/2576, art. 5

Taxation of Chargeable Gains Act 1992E+W+S+N.I.

16In section 288 of the Taxation of Chargeable Gains Act 1992 (interpretation), in subsection (3A), at the end insert—E+W+S+N.I.

(k)paragraph 4 of Schedule 4 to the Budget Responsibility and National Audit Act 2011.

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Commencement Information

I15Sch. 5 para. 16 in force at 1.4.2012 by S.I. 2011/2576, art. 5

National Lottery etc. Act 1993E+W+S+N.I.

17In section 4B of the National Lottery etc. Act 1993 (disclosure of information), in subsection (4)(f), for “the National Audit Office” substitute “ the Comptroller and Auditor General ”.E+W+S+N.I.

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Commencement Information

I16Sch. 5 para. 17 in force at 1.4.2012 by S.I. 2011/2576, art. 5

Employment Rights Act 1996E+W+S+N.I.

18In Schedule 1 to the Employment Rights Act 1996, omit paragraph 22.E+W+S+N.I.

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Commencement Information

I17Sch. 5 para. 18 in force at 1.4.2012 by S.I. 2011/2576, art. 5

Government of Wales Act 1998E+W+S+N.I.

19In Schedule 12 to the Government of Wales Act 1998, omit paragraph 1.E+W+S+N.I.

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Commencement Information

I18Sch. 5 para. 19 in force at 1.4.2012 by S.I. 2011/2576, art. 5

Government Resources and Accounts Act 2000E+W+S+N.I.

20In Schedule 1 to the Government Resources and Accounts Act 2000, omit paragraph 18(2), (4) and (5).E+W+S+N.I.

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Commencement Information

I19Sch. 5 para. 20 in force at 1.4.2012 by S.I. 2011/2576, art. 5

Freedom of Information Act 2000E+W+S+N.I.

21The Freedom of Information Act 2000 is amended as follows.E+W+S+N.I.

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Commencement Information

I20Sch. 5 para. 21 in force at 1.4.2012 by S.I. 2011/2576, art. 5

22(1)In section 36 (exempt information: prejudice to effective conduct of public affairs), in paragraph (i) of subsection (5), after “the National Audit Office” insert “ or the Comptroller and Auditor General ”.E+W+S+N.I.

(2)The reference in that paragraph to old NAO is to be read as a reference to NAO.

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Commencement Information

I21Sch. 5 para. 22 in force at 1.4.2012 by S.I. 2011/2576, art. 5

23(1)In Part 6 of Schedule 1 (public authorities to which Act applies)—E+W+S+N.I.

(a)insert at the appropriate place— “ The Comptroller and Auditor General. ”, and

(b)the reference to old NAO is to be read as a reference to NAO.

(2)Sub-paragraphs (3) and (4) apply in relation to any function that was a function of old NAO by virtue of Part 6 of that Schedule.

(3)Anything done by, on behalf of or in relation to old NAO has effect as if done by, on behalf of or in relation to the relevant person, so far as necessary or appropriate for continuing its effect after the coming into force of sub-paragraph (1).

(4)Anything (including legal proceedings) which, immediately before the coming into force of sub-paragraph (1), is in the process of being done by, on behalf of or in relation to old NAO may be continued by, on behalf of or in relation to the relevant person.

(5)The relevant person” means—

(a)in relation to matters within NAO's functions, NAO;

(b)in relation to matters within the Comptroller and Auditor General's functions, the Comptroller and Auditor General.

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Commencement Information

I22Sch. 5 para. 23 in force at 1.4.2012 by S.I. 2011/2576, art. 5

Public Finance and Accountability (Scotland) Act 2000E+W+S+N.I.

24In section 26D of the Public Finance and Accountability (Scotland) Act 2000 (asp 1) (disclosure of results of data matching), in subsection (4), for paragraph (a) substitute—E+W+S+N.I.

(a)the Comptroller and Auditor General,.

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Commencement Information

I23Sch. 5 para. 24 in force at 1.4.2012 by S.I. 2011/2576, art. 5

Constitutional Reform Act 2005E+W+S+N.I.

25In Schedule 6 to the Constitutional Reform Act 2005, omit paragraph 7.E+W+S+N.I.

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Commencement Information

I24Sch. 5 para. 25 in force at 1.4.2012 by S.I. 2011/2576, art. 5

Government of Wales Act 2006E+W+S+N.I.

26The Government of Wales Act 2006 is amended as follows.E+W+S+N.I.

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Commencement Information

I25Sch. 5 para. 26 in force at 1.4.2012 by S.I. 2011/2576, art. 5

27(1)In Schedule 5 (provision which may, or may not, be made by Assembly Measures), in paragraphs 5 and 8, after “Comptroller and Auditor General” insert “ or the National Audit Office ”.E+W+S+N.I.

(2)Accordingly, the heading of paragraph 8 of that Schedule becomes “Comptroller and Auditor General and National Audit Office”.

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Commencement Information

I26Sch. 5 para. 27 in force at 1.4.2012 by S.I. 2011/2576, art. 5

28(1)In Schedule 7 (provision which may, or may not, be made by Acts of the Assembly), in paragraphs 4 and 7, after “Comptroller and Auditor General” insert “ or the National Audit Office ”.E+W+S+N.I.

(2)Accordingly, the heading of paragraph 7 of that Schedule becomes “Comptroller and Auditor General and National Audit Office”.

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Commencement Information

I27Sch. 5 para. 28 in force at 1.4.2012 by S.I. 2011/2576, art. 5

Companies Act 2006E+W+S+N.I.

29The Companies Act 2006 is amended as follows.E+W+S+N.I.

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I28Sch. 5 para. 29 in force at 1.4.2012 by S.I. 2011/2576, art. 5

30In section 1230, omit subsection (3)(a).E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I29Sch. 5 para. 30 in force at 1.4.2012 by S.I. 2011/2576, art. 5

31In paragraph A32 of Part 2 of Schedule 2 and paragraph 47 of Schedule 11A (which provide exceptions to certain restrictions on disclosure of information), for “the National Audit Office” substitute “ the Comptroller and Auditor General ”.E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I30Sch. 5 para. 31 in force at 1.4.2012 by S.I. 2011/2576, art. 5

Corporate Manslaughter and Corporate Homicide Act 2007E+W+S+N.I.

32(1)In Schedule 1 to the Corporate Manslaughter and Corporate Homicide Act 2007 (list of government departments etc to which Act applies), omit the reference to old NAO.E+W+S+N.I.

(2)In relation to any offence alleged to have been committed by old NAO before the coming into force of sub-paragraph (1), proceedings may be brought or continued against NAO as if anything done by, on behalf of or in relation to old NAO had been done by, on behalf of or in relation to NAO.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I31Sch. 5 para. 32 in force at 1.4.2012 by S.I. 2011/2576, art. 5

Parliamentary Standards Act 2009E+W+S+N.I.

33In paragraph 1 of Schedule 1 to the Parliamentary Standards Act 2009 (membership of Independent Parliamentary Standards Authority), for sub-paragraph (3) substitute—E+W+S+N.I.

(3)At least one of the members of the IPSA must be a person who is eligible for appointment as a statutory auditor by virtue of Chapter 2 of Part 42 of the Companies Act 2006.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I32Sch. 5 para. 33 in force at 1.4.2012 by S.I. 2011/2576, art. 5

Equality Act 2010E+W+S+N.I.

34In Part 1 of Schedule 19 to the Equality Act 2010 (public authorities: general), under the heading “Industry, business, finance etc.” insert at the appropriate place— “ The Comptroller and Auditor General. ”E+W+S+N.I.

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Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Commencement Information

I33Sch. 5 para. 34 in force at 1.4.2012 by S.I. 2011/2576, art. 5

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