2017 No. 1313

Government Resources And Accounts

The Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2017

Made

Coming into force in accordance with article 1

The Treasury make the following Order in exercise of the powers conferred by section 25(6) and (7) of the Government Resources and Accounts Act 20001.

In accordance with section 25(7)(a) of that Act it appears to the Treasury that each body in relation to which provision is made in articles 2 to 4 of this Order exercises functions of a public nature or is entirely or substantially funded from public money.

In accordance with section 25(10)(b) of that Act the Treasury have consulted the Comptroller and Auditor General.

A draft of this Order has been laid before and approved by a resolution of each House of Parliament in accordance with section 25(10)(c) of that Act.

Citation and commencement1

This Order may be cited as the Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2017 and comes into force on the day after the day on which it is made.

Ebbsfleet development corporation2

The accounts of the Ebbsfleet Development Corporation2 shall be audited by the Comptroller and Auditor General in relation to the financial years ending on and after 31st March 2018.

The Housing Ombudsman3

1

The accounts of the Housing Ombudsman3 shall be audited by the Comptroller and Auditor General in relation to the financial years ending on and after 31st March 2018.

2

As soon as reasonably practicable after the end of a financial year to which paragraph (1) applies, the Housing Ombudsman must send the accounts for that year to the Comptroller and Auditor General.

3

The Comptroller and Auditor General must—

a

examine, certify and report on any accounts sent by the Housing Ombudsman under paragraph (2), and

b

send the certified accounts and the report to the Ombudsman and the Secretary of State.

4

The Secretary of State must lay any accounts received under paragraph (3)(b), together with the Comptroller and Auditor General’s report on those accounts, before each House of Parliament.

5

The Housing Ombudsman scheme is amended as follows—

a

in paragraph 51—

i

omit “and the annually audited accounts”, and

ii

for “them” substitute “the report”;

b

in paragraph 69, omit the words from “which will be audited” to the end; and

c

omit paragraph 70.

6

In paragraph (5), “the Housing Ombudsman scheme” means the Housing Ombudsman Service Scheme which originally came into effect on 1st April 2013 after having been approved by the Secretary of State under paragraph 3 of Schedule 2 to the Housing Act 1996, a copy of which has been deposited at the principal office of the Housing Ombudsman4 and published on the Housing Ombudsman’s website5.

Audit of non-profit-making companies4

In the Schedule to the Government Resources and Accounts Act 2000 (Audit of Non-profit-making Companies) Order 20096, insert the following entries at the appropriate places—

Company name

Date

Company number

BPDTS Limited

1 April 2017

10344843

College of Policing

1 April 2017

08235199

English Sports Development Trust Limited

1 April 2017

04290188

Oil and Gas Authority

1 April 2017

09666504

Phone Paid Services Authority Limited

1 April 2017

02398515

Revenue and Customs Digital Technology Services Limited

1 April 2017

09679225

Amendments to legislation5

Schedule 1 (amendments to legislation) amends primary and secondary legislation for the following purposes—

a

to give full effect to articles 2 and 3 of this Order, and

b

to repeal and revoke all legislation which requires the accounts of the bodies listed in Schedule 2 to this Order to be audited by the Comptroller and Auditor General.

Mark RutleyHeather WheelerTwo of the Lords Commissioners of Her Majesty’s Treasury

SCHEDULE 1Amendments to legislation

Article 5

PART 1Amendments to primary legislation

Industrial Organisation and Development Act 19471

In section 7 of the Industrial Organisation and Development Act 1947 (reports and accounts of development councils)7

a

in subsection (2), omit “or, as the case may be, the Comptroller and Auditor General”,

b

omit subsections (2B) and (3A) to (3C), and

c

in subsection (4), for “any report under this section prepared by a council, or made by the auditors on their accounts or by the Comptroller and Auditor General on their statement of” substitute “each such report of a council, or made by the auditors on their”.

Local Government, Planning and Land Act 19802

In Schedule 31 to the Local Government, Planning and Land Act 1980 (urban development corporations: finance etc.)8

a

omit paragraph 10A,

b

before paragraph 11 insert—

10B

1

The Ebbsfleet Development Corporation shall send a copy of its accounts and statement of accounts for each financial year ending on or after 31st March 2018 to the Comptroller and Auditor General as soon as reasonably practicable after the end of that year.

2

The Comptroller and Auditor General shall examine, certify and report on the accounts and statement received under sub-paragraph (1).

c

in paragraph 11(1), for “10A” substitute “10B”,

d

in paragraph 12, for “10A(3)” (in both places it occurs) substitute “10B(2)”, and

e

in paragraph 13(3)(b), for “10A(3)” substitute “10B(2)”.

Housing Act 19963

In paragraph 2(1) of Schedule 2 to the Housing Act 1996 (matters for which housing ombudsman scheme must provide)9

a

in paragraph 16, for “The” (in the first place it occurs) substitute “In the case of a scheme relating to Wales, the”, and

b

after paragraph 16, insert—

16A. In the case of a scheme relating to England, the keeping of accounts.

Offender Management Act 20074

In paragraph 13 of Schedule 1 to the Offender Management Act 2007 (probation trusts: accounts and records)10 , for paragraphs (2) to (2B)11 substitute—

2

The Comptroller and Auditor General may examine any accounts of a probation trust, any records relating to the accounts and any auditor’s report on them.

PART 2Amendments to secondary legislation

The Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 20035

In the Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 200312

a

omit articles 4 (development councils), 9 (alcohol education and research council) and 11 (the commission for the new towns), and

b

in the Schedule, omit the following entries—

Alcohol Education and Research Council

31st March 2005

British Potato Council

30th June 2004

Commission for the New Towns (part of English Partnerships)

31st March 2005

Home-Grown Cereals Authority

30th June 2004

Horticultural Development Council

31st March 2004

Housing Corporation

31st March 2004

Meat and Livestock Commission

31st March 2004

Milk Development Council

31st March 2004

Standards Board for England

31st March 2005

Urban Regeneration Agency (part of English Partnerships)

31st March 2005

The Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 20056

In the Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 200513, omit article 2 (development corporations).

The Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 20087

In the Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 200814, omit article 3 (independent living fund (2006)).

The Government Resources and Accounts Act 2000 (Audit of Non-profit-making Companies) Order 20098

In the Schedule to the Government Resources and Accounts Act 2000 (Audit of Non-profit-making Companies) Order 200915, omit the following entries—

Company name

Date

Company number

British Educational Communications and Technology Agency

1 April 2008

02090588

Capacity Builders (UK) Limited

1 April 2008

05708912

Caversham Lakes Trust Limited

1 April 2008

04290188

Children’s Workforce Development Council

1 April 2008

05409076

The Commission for the Compact

1 April 2008

05932855

Independent Housing Ombudsman Limited

1 April 2009

03290221

Investors in People UK

1 April 2008

02860079

The Museums, Libraries and Archives Council

1 April 2008

03888251

The National College for School Leadership Limited

1 April 2008

04014904

Northwest Business Link

1 April 2008

06060925

SITPRO Limited

1 April 2009

04188890

Working Ventures UK

1 April 2008

05770846

The Yorkshire and Humber Sustainable Futures Company Limited

1 April 2008

05383346

The Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 20129

In the Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 201216, omit—

a

article 2(b) (audit of bodies by the Comptroller and Auditor General),

b

article 4 (probation trusts), and

c

the Schedule (probation trusts whose accounts are subject to audit by the Comptroller and Auditor General).

SCHEDULE 2Bodies no longer subject to audit by the Comptroller and Auditor General

Article 5(b)

  • Alcohol Education and Research Council

  • Avon and Somerset Probation Trust

  • Bedfordshire Probation Trust

  • British Educational Communications and Technology Agency

  • British Potato Council

  • Cambridgeshire and Peterborough Probation Trust

  • Capacity Builders (UK) Limited

  • Caversham Lakes Trust Limited

  • Cheshire Probation Trust

  • Children’s Workforce Development Council

  • Commission for the Compact

  • Cumbria Probation Trust

  • Derbyshire Probation Trust

  • Devon and Cornwall Probation Trust

  • Dorset Probation Trust

  • Durham Tees Valley Probation Trust

  • English Partnerships (Commission for New Towns)

  • English Partnerships (Urban Regeneration Agency)

  • Essex Probation

  • Gloucestershire Probation Trust

  • Greater Manchester Probation Trust

  • Hampshire Probation Trust

  • Hertfordshire Probation Trust

  • Home-Grown Cereals Authority

  • Horticultural Development Council

  • Housing Corporation

  • Humberside Probation Trust

  • Independent Housing Ombudsman Limited

  • Independent Living Fund (2006)

  • Investors In People UK

  • Kent Probation

  • Lancashire Probation Trust

  • Leicestershire and Rutland Probation Trust

  • Lincolnshire Probation Trust

  • London Probation Trust

  • London Thames Gateway Development Corporation

  • Meat and Livestock Commission

  • Merseyside Probation Trust

  • Milk Development Council

  • Museums, Libraries and Archives Council

  • National College for School Leadership Limited

  • Norfolk and Suffolk Probation Trust

  • Northamptonshire Probation Trust

  • Northwest Business Link

  • Northumbria Probation Trust

  • Nottinghamshire Probation Trust

  • SITPRO Limited

  • South Yorkshire Probation Trust

  • Staffordshire and West Midlands Probation Trust

  • Standards Board for England

  • Surrey and Sussex Probation Trust

  • Thames Valley Probation Trust

  • Thurrock Development Corporation

  • Warwickshire Probation Trust

  • West Mercia Probation Trust

  • West Northamptonshire Development Corporation

  • West Yorkshire Probation Trust

  • Wiltshire Probation Trust

  • Working Ventures UK

  • York and North Yorkshire Probation Trust

  • Yorkshire and Humber Sustainable Futures Company Limited

EXPLANATORY NOTE

(This note is not part of the Order)

The effect of this Order is to require the Comptroller and Auditor General (“C&AG”) to audit the accounts of—

a

the Ebbsfleet Development Corporation for the financial years ending on and after 31st March 2018,

b

the Housing Ombudsman for the financial years ending on and after 31st March 2018, and

c

the companies mentioned in article 4 for the financial years beginning on and after 1st April 2017.

Schedule 1 makes amendments to primary and secondary legislation for the following purposes—

a

to give full effect to the requirements that the C&AG audit the accounts of the Ebbsfleet Development Corporation and the Housing Ombudsman for the financial years ending on and after 31st March 2018, and

b

to repeal and revoke all legislation which requires the accounts of the bodies listed in Schedule 2 to this Order to be audited by the C&AG.

A full impact assessment has not been prepared for this instrument because no impact on the private or voluntary sector is foreseen.