The Budget Responsibility and National Audit Act 2011 (Consequential Amendments) Order 2012

Statutory Instruments

2012 No. 725

Budget Responsibility

The Budget Responsibility and National Audit Act 2011 (Consequential Amendments) Order 2012

Made

7th March 2012

Laid before Parliament

8th March 2012

Coming into force

1st April 2012

The Treasury make this Order in exercise of the powers conferred by section 28(1) and (2) of the Budget Responsibility and National Audit Act 2011(1).

Citation, commencement and interpretation U.K.

1.—(1) This Order may be cited as the Budget Responsibility and National Audit Act 2011 (Consequential Amendments) Order 2012.

(2) It comes into force on 1st April 2012.

(3) In this Order—

“the NAO” means the National Audit Office established by section 20 of the Budget Responsibility and National Audit Act 2011; and

“the old NAO” means the National Audit Office established by section 3 of the National Audit Act 1983(2).

Commencement Information

I1 Art. 1 in force at 1.4.2012, see art. 1(2)

Consequential Amendments U.K.

2.—(1) In the Official Secrets Act 1989 (Prescription) Order 1990(3)—

(a) at the end of Schedule 1 insert—

“The National Audit Office

The members and employees of the Office”; and

(b) in Schedule 2 for “Member of staff of the National Audit Office” substitute “Member of staff of the National Audit Office that was established by section 3 of the National Audit Act 1983”.

(2) In the Schedule to the Race Relations (Prescribed Public Bodies) (No. 2) Regulations 1994(4) the reference to the old NAO is to be read as a reference to the NAO.

(3) In Schedule 2 to the Employers’ Liability (Compulsory Insurance) Regulations 1998(5) for paragraph 22 substitute—

“22.   The National Audit Office.”.

(4) In the Schedule to the Public Interest Disclosure (Prescribed Persons) Order 1999(6) for “Comptroller and Auditor General of the National Audit Office” substitute “Comptroller and Auditor General”.

(5) In the Schedule to the Greater London Authority (Disqualification) Order 2000(7) omit paragraph 13, and for paragraph 20 substitute—

“20.   Member or employee of the National Audit Office.”.

(6) In regulation 12A of the Financial Services and Markets Act 2000 (Disclosure of Confidential Information) Regulations 2001(8) for “the National Audit Office” substitute “the Comptroller and Auditor General”.

(7) In articles 2(2) and 3(4) of the Companies (Disclosure of Information) (Designated Authorities) (No. 2) Order 2002(9) for “the National Audit Office” substitute “the Comptroller and Auditor General”.

(8) In the Annex to Schedule 1 to the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004(10) for “Comptroller and Auditor General of the National Audit Office” substitute “Comptroller and Auditor General”.

F1 (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10) In regulation 14(2) of the Child Support Information Regulations 2008(11)—

(a) after sub-paragraph (a) insert—

“(aa) a member or employee of the National Audit Office or any other person who carries out administrative work of the Office, or who provides, or is employed in the provision of, services to it;”; and

(b) for sub-paragraph (b) substitute—

“(b) any member of the staff of the National Audit Office that was established by section 3 of the National Audit Act 1983 or any other person who carried out administrative work of the Office, or who provided, or was employed in the provision of, services to it;”.

(11) In Part 1 of the Schedule to the Scottish Parliament (Disqualification) Order 2010(12) for “Member of the staff of the National Audit Office” substitute “Member or employee of the National Audit Office”.

(12) In Schedule 1 to the Equality Act 2010 (Specific Duties) Regulations 2011(13) the reference to the old NAO is to be read as a reference to the NAO.

Textual Amendments

F1 Art. 2(9) revoked (18.4.2016) by The Public Procurement (Amendments, Repeals and Revocations) Regulations 2016 (S.I. 2016/275), reg. 1(1), Sch. 3 Pt. 2 (with reg. 5)

Commencement Information

I2 Art. 2 in force at 1.4.2012, see art. 1(2)

Brooks Newmark

Jeremy Wright

Two of the Lords Commissioners of Her Majesty’s Treasury

7th March 2012

EXPLANATORY NOTE

(This note is not part of the Order)

This Order makes amendments to subordinate legislation in consequence of the commencement of Part 2 of the Budget Responsibility and National Audit Act 2011 (c.4) (“the Act”). The amendments reflect the continuation of the office of Comptroller and Auditor General by section 11 of the Act and the establishment of the National Audit Office as a body corporate (no longer headed by the Comptroller and Auditor General) by section 20 of the Act.

An impact assessment has not been prepared for this instrument because no impact is foreseen on the costs of business or the voluntary sector.

(1)

2011 c.4.

(2)

1983 c.44.

(3)

S.I. 1990/200.

(4)

S.I. 1994/1986.

(5)

S.I. 1998/2573. Paragraph (22) was inserted by S.I. 2011/686.

(6)

S.I. 1999/1549.

(7)

S.I. 2000/432.

(8)

S.I. 2001/2188. Regulation 12A was inserted by S.I. 2001/3624.

(9)

S.I. 2002/1889.

(10)

S.I. 2004/1861.The Annex was added to Schedule 1 by S.I. 2010/131.

(11)

S.I. 2008/2551. Regulation 14 was substituted by S.I. 2009/396.

(12)

S.I. 2010/2476.

(13)

S.I. 2011/2260.