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South of Scotland Enterprise Act 2019


Section 15 (Accounts and audit)

37.Section 15 requires South of Scotland Enterprise to prepare accounting records for each financial year and submit them to the Auditor General for Scotland for audit. The phrase “financial year” is defined in schedule 1 of the Interpretation and Legislative Reform (Scotland) Act 2010.

38.Because South of Scotland Enterprise is required, by statute, to send its accounts to the Auditor General for Scotland, sections 21 and 22 of the Public Finance and Accountability (Scotland) Act 2000 (“the 2000 Act”) apply. Amongst other things, those sections provide for the accounts, and the auditor’s report on them, to be laid before the Scottish Parliament and published (see section 22(5) of the 2000 Act).

39.In addition, because sections 21 and 22 of the 2000 Act apply to the accounts of South of Scotland Enterprise:

  • the principal accountable officer for the Scottish Administration can designate someone to be its accountable officer (see section 15 of the 2000 Act), and

  • the Auditor General for Scotland can look into whether it has been using its resources appropriately (see section 23 of the 2000 Act).

40.The Scottish Public Finance Manual, which is guidance issued by the Scottish Ministers as to the proper handling and reporting of public funds, states that “sponsored bodies” (of which South of Scotland Enterprise will be one) should be required to keep their accounts in such form as the Scottish Ministers direct. The power for the Ministers to give directions to South of Scotland Enterprise is to be found in section 17.

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Text created by the Scottish Government 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 Acts of the Scottish Parliament except those which result from Budget Bills.


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