Part 2

Local government bodies in Wales
Chapter 1

Accounts and audit

Prevention of unlawful expenditure etc

Power of auditor to make a claim for judicial review
36
1
The Auditor General for Wales may make a claim for judicial review with respect to a decision of a local government body in Wales 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 Senior Courts Act 1981 (no claim for judicial review without permission of court).
3
The existence of the powers conferred on the Auditor General for Wales 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 the Auditor General for Wales 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 General for Wales or the Wales Audit Office in connection with the claim.
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
Words in s. 36(1) substituted (1.4.2014) by Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 41(2)(a) (with Sch. 3 paras. 2, 3); S.I. 2013/1466, art. 3(1)
Words in s. 36(1) substituted (1.4.2014) by Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 41(2)(b) (with Sch. 3 paras. 2, 3); S.I. 2013/1466, art. 3(1)
Words in s. 36(3) substituted (1.4.2014) by Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 41(3) (with Sch. 3 paras. 2, 3); S.I. 2013/1466, art. 3(1)
Words in s. 36(4) substituted (1.4.2014) by Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 41(4)(a) (with Sch. 3 paras. 2, 3); S.I. 2013/1466, art. 3(1)
Words in s. 36(4) substituted (1.4.2014) by Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 41(4)(b) (with Sch. 3 paras. 2, 3); S.I. 2013/1466, art. 3(1)