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Public Audit (Wales) Act 2004

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Part 3 E+WWelsh NHS bodies

60Meaning of “Welsh NHS body”E+W

In this Part “Welsh NHS body” means—

(a)a Local Health Board,

(b)a Special Health Authority performing functions only or mainly in respect of Wales,

(c)a National Health Service trust all or most of whose hospitals, establishments and facilities are situated in Wales or any trustees appointed in pursuance of [F1paragraph 10 of Schedule 3 to the National Health Service (Wales) Act 2006] for such a trust, or

(d)a body of trustees appointed in pursuance of section 29(1) of the National Health Service Reorganisation Act 1973 (c. 32) and section 95(1) of the National Health Service Act 1977 (c. 49) [F2and section 160(1) of the National Health Service (Wales) Act 2006] for a trust all or most of whose hospitals, establishments and facilities are situated in Wales.

61Audit of Welsh NHS bodiesE+W

(1)The accounts prepared by a Welsh NHS body under [F3paragraph 4(2) of Schedule 12B to the National Health Service Act 1977 (preparation of annual accounts of Welsh NHS bodies)] for a financial year must be submitted by that body to the Auditor General for Wales no later than five months after the end of that year.

(2)The Auditor General for Wales must—

(a)examine and certify any accounts submitted to him under this section, and

(b)no later than four months after the accounts are submitted to him, lay before [F4the National Assembly for Wales] a copy of them as certified by him together with his report on them.

(3)In examining any accounts submitted to him under this section, the Auditor General for Wales must, in particular, satisfy himself—

(a)that the expenditure to which the accounts relate has been incurred lawfully and in accordance with the authority which governs it, and

(b)that the body to which the accounts relate has made proper arrangements for securing economy, efficiency and effectiveness in its use of resources.

Textual Amendments

F3Words in s. 61(1) substituted (1.2.2007) by Health Act 2006 (c. 28), ss. 80, 83, Sch. 8 para. 62; S.I. 2007/204, art. 4(b)

62[F5Co-operation with Welsh Ministers, Audit Commission or Care Quality Commission]E+W

The Auditor General for Wales must co-operate with—

(a)[F6the Welsh Ministers],

(b)the Audit Commission, or

[F7(c)the Care Quality Commission,]

where it seems to him appropriate to do so for the efficient and effective discharge of his functions in relation to Welsh NHS bodies.

63Audit of accounts of officers of Welsh NHS bodiesE+W

(1)This section applies where an officer of a Welsh NHS body receives money or other property—

(a)on behalf of that body, or

(b)for which he ought to account to that body.

(2)The officer must keep accounts.

(3)The accounts of the officer must—

(a)be made up each year to 31 March, and

(b)be audited by the Auditor General for Wales,

and section 61 applies with the necessary modifications in relation to the accounts and audit.

64Provision of information by CHAIE+W

(1)[F8The Care Quality Commission] must, on request, provide the Auditor General for Wales with any information he may reasonably require for the purpose of making comparisons, in the discharge of his functions under sections 145 and 145A of the Government of Wales Act 1998 (c. 38) in relation to a Welsh NHS body, between the Welsh NHS body and English NHS bodies and cross-border SHAs.

(2)Subsection (1) does not require information to be provided in circumstances where (but for that subsection) the disclosure of the information would contravene [F9section 76 of the Health and Social Care Act 2008 (disclosure of confidential personal information: offence).]

[F10(3)In this section—

  • English NHS body” has the meaning given by subsection (1) of section 97 of that Act; and

  • cross-border SHA” means a cross-border Special Health Authority as defined by that subsection.]

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