Part 2 E+W Local government bodies in Wales

Chapter 1 E+W Accounts and audit

Prevention of unlawful expenditure etc E+W

35 Advisory notices: legal actions E+W

(1) Subsection (2) applies if—

(a) before an advisory notice is served, a body enters into a contract to dispose of or acquire an interest in land, and

(b) before the disposal or acquisition is completed, an advisory notice takes effect as a result of which it is unlawful for the body to complete the disposal or acquisition.

(2) The existence of the advisory notice does not prejudice any remedy in damages which may be available to any person as a result of the body’s failure to complete the contract.

(3) No action lies against [F1 the Auditor General for Wales] in respect of loss or damage alleged to have been caused as a result of the issue of an advisory notice which was issued in good faith.

Textual Amendments

F1 Words in s. 35(3) substituted (1.4.2014) by Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 40 (with Sch. 3 paras. 2, 3); S.I. 2013/1466, art. 3(1)