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The Government of Wales Act 2006 (Transitional Provisions) (Finance) Order 2007

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Citation and commencement

1.—(1) This Order may be cited as the Government of Wales Act 2006 (Transitional Provisions) (Finance) Order 2007.

(2) This Order shall come into force on 1st April 2007.

Transitional provisions

2.  Schedule 11 to the Government of Wales Act 2006 (transitional provisions) is modified as follows.

3.  For paragraph 53 and the heading immediately preceding it substitute—

Payments into the Welsh Consolidated Fund

53.  No later than four weeks after a certified copy of the accounts of the Assembly constituted by the Government of Wales Act 1998 for the financial year ending with 31st March 2007 is, under section 97(5)(b) of that Act, laid before the Assembly constituted by this Act, the Welsh Ministers must pay into the Welsh Consolidated Fund a sum equal to the total amount of all monies standing to the credit of the Assembly constituted by the Government of Wales Act 1998 immediately before 1st April 2007.

53A.  No later than four weeks after a certified copy of the accounts of the Public Services Ombudsman for Wales (“the Ombudsman”) for the financial year ending with 31st March 2007 is, under paragraph 17(2)(b) of Schedule 1 to the Public Services Ombudsman (Wales) Act 2005, laid before the Assembly, the Ombudsman must pay into the Welsh Consolidated Fund a sum equal to the total amount of all monies standing to the credit of the Ombudsman immediately before 1st April 2007.

53B.(1) No later than four weeks after a certified copy of the accounts of the Auditor General for the financial year ending with 31st March 2007 is laid before the Assembly under paragraph 15(3)(b) of Schedule 8 (as it applies by virtue of paragraph 64C of this Schedule) the Auditor General must pay the required amount into the Welsh Consolidated Fund.

(2) “The required amount” means a sum equal to the total amount of all monies standing to the credit of the Auditor General immediately before 1st April 2007 except monies within both sub-paragraph (3) and sub-paragraph (4).

(3) Monies are within this sub-paragraph if they represent—

(a)fees charged by the Auditor General by virtue of Part 1 of the Local Government Act 1999 (best value audits and inspections),

(b)grants made to the Auditor General under section 33(3)(b) of that Act (grants in respect of expenditure under that Act),

(c)fees charged by the Auditor General by virtue of Part 2 of the Public Audit (Wales) Act 2004 (local government audit), or

(d)fees or other sums received by the Auditor General by virtue of section 96C of the Government of Wales Act 1998 (arrangements with relevant authorities).

(4) Monies are within this sub-paragraph if they are retained by the Auditor General for use in connection with the exercise of the functions conferred or imposed by, or the exercise of functions pursuant to —

(a)Part 1 of the Local Government Act 1999,

(b)Part 2 of the Public Audit (Wales) Act 2004, or

(c)section 96C of the Government of Wales Act 1998..

4.  For paragraph 62 (contingencies) substitute—

Contingencies

62.(1) Until the end of the initial period, section 128 has effect as if for the words after “this section” in subsections (4) and (5) there were substituted in each place “must not exceed £50 million.”.

(2) Until the beginning of the initial period, section 128(1) to (6) has effect as if the references to the Welsh Ministers were to two or more members of the executive committee within the meaning of the Government of Wales Act 1998.

(3) Where authorisation is given under section 128 before the beginning of the initial period, that section has effect as if for subsection (7) there were substituted—

(7) Where two or more members of the executive committee within the meaning of the Government of Wales Act 1998 authorise the use of resources or the payment of amounts under this section, that committee must, as soon as possible, lay before the Assembly constituted by that Act a report setting out—

(a)the resources authorised to be used or the amounts authorised to be paid,

(b)the services or purposes for which the resources were authorised to be used, or the amounts were authorised to be paid, and

(c)why it was considered necessary to authorise the use of the resources, or the payment of the amounts, under this section..

(4) During the initial period, section 128(1) to (6) has effect as if the references to the Welsh Ministers were to two or more members of the Assembly constituted by the Government of Wales Act 1998 (as it continues in existence by virtue of paragraph 22) not including the person who immediately before the beginning of the initial period held office as the presiding officer.

(5) Where authorisation is given under section 128 during the initial period, that section has effect as if for subsection (7) there were substituted—

(7) Where two or more members of the Assembly constituted by the Government of Wales Act 1998 authorise the use of resources or the payment of amounts under this section, that Assembly (as it continues in existence by virtue of paragraph 22 of Schedule 11) must, as soon as possible, prepare a report for the Welsh Ministers setting out—

(a)the resources authorised to be used or the amounts authorised to be paid,

(b)the services or purposes for which the resources were authorised to be used, or the amounts were authorised to be paid, and

(c)why it was considered necessary to authorise the use of the resources, or the payment of the amounts, under this section.

(8) The Welsh Ministers must lay the report before the Assembly constituted by this Act as soon as reasonably practicable after the end of the initial period..

5.—(1) In paragraph 63(2)—

(a)for “reference” substitute “references”, and

(b)after “subsection (1)” insert “and subsection (3)”.

(2) For paragraph 63(3) substitute—

(3) That section has effect as if for the references in subsection (4) to the Welsh Ministers, the First Minister, the Counsel General and the Assembly Commission there were substituted a reference to the Assembly constituted by the Government of Wales Act 1998..

6.  After paragraph 63 insert—

Preparation of Assembly’s annual accounts for financial year ending 31st March 2007

63A.  The function of the Assembly constituted by the Government of Wales Act 1998 under section 97 of that Act of preparing accounts of that Assembly for the financial year ending with 31st March 2007 shall transfer to the Welsh Ministers at the end of the initial period.

Preparation of whole of government accounts for year ending 31st March 2007

63B.  The function of the Assembly constituted by the Government of Wales Act 1998 under section 101A of that Act of preparing whole of government accounts for the financial year ending with 31st March 2007 shall transfer to the Welsh Ministers at the end of the initial period..

7.  After paragraph 64 (Auditor General) insert—

Auditor General’s staff

64A.  The members of staff employed by the Auditor General immediately before the commencement of the repeal of section 92 of the Government of Wales Act 1998 are to be taken after that time to have been appointed to that employment under paragraph 7 of Schedule 8.

Audit of Auditor General’s accounts

64B.  The person appointed as the auditor of the accounts for the Auditor General under section 94(1) of the Government of Wales Act 1998 immediately before the commencement of the repeal of that section is to be taken after that time to have been appointed by the Assembly constituted by this Act under paragraph 14(1) of Schedule 8.

64C.  Paragraph 15 of Schedule 8 (audit of accounts) applies to accounts prepared by the Auditor General under section 93(8) of the Government of Wales Act 1998 for the financial year ending with 31st March 2007 as it applies to accounts prepared under paragraph 13 of that Schedule.

Audit Committee reports

64D.  The reference in section 143(1) (Audit Committee reports) to any accounts, statement of accounts or report laid before the Assembly includes any accounts, statement of accounts or report laid before the Assembly constituted by the Government of Wales Act 1998.

Examinations into use of resources by the 1998 Assembly

64E.(1) Notwithstanding the repeal of section 100 of the Government of Wales Act 1998 (examination into Assembly’s use of resources) the Auditor General may carry out, or continue to carry out, examinations into the economy, efficiency and effectiveness with which the Assembly constituted by that Act used its resources in discharging its functions.

(2) Section 135 of this Act applies to an examination carried out pursuant to sub-paragraph (1) as it applies to an examination of the kind mentioned in subsection (1) of that section.

Remuneration of the Auditor General

64F.  Any sums required by the Assembly constituted by the Government of Wales Act 1998 for the making of payments under section 91(1), (2) or (4) of that Act (remuneration of the Auditor General for Wales) shall, to the extent that they relate to the financial year beginning with 1st April 2007, be charged on the Welsh Consolidated Fund.

Remuneration etc. of the Public Services Ombudsman for Wales

64G.  Any sums required by the Assembly constituted by the Government of Wales Act 1998 for the making of payments under paragraph 9(1), (2) and (5) of Schedule 1 to the Public Services Ombudsman (Wales) Act 2005 (remuneration of Public Services Ombudsman for Wales) or paragraph 10 of that Schedule (expenses) shall, to the extent that they relate to the financial year beginning with 1st April 2007, be charged on the Welsh Consolidated Fund..

Nick Ainger

Parliamentary Under Secretary of State for Wales

Wales Office

8th March 2007

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