Public Audit (Wales) Act 2004 (c. 23)

Part 2 E+W Local government bodies in Wales

Chapter 1 E+W Accounts and audit

Prevention of unlawful expenditure etc E+W

36 Power of auditor to make a claim for judicial review E+W

(1) An auditor appointed to audit accounts of a localgovernment body in Wales may make a claim for judicial review with respect to a decision of the body or a failure of the body to act, if it is reasonable to believe that the decision or failure to act would have an effect on the body’s accounts.

(2) Subsection (1) is subject to section 31(3) of the [F1 Senior Courts Act 1981] (no claim for judicial review without permission of court).

(3) The existence of the powers conferred on an auditor under this Part is not a ground for refusing—

(a) a claim falling within subsection (1), or

(b) an application for permission to make a claim falling within subsection (1).

(4) On a claim by an auditor for judicial review with respect to a decision of a body or a failure of a body to act, the court may make any order it thinks fit for the payment by the body of expenses incurred by the auditor in connection with the claim.

Textual Amendments

F1 Words in s. 36(2) substituted (1.10.2009) by Constitutional Reform Act 2005 (c. 4), ss. 59, 148, Sch. 11 para. 1(2); S.I. 2009/1604, art. 2