Budget Responsibility and National Audit Act 2011 Explanatory Notes

1. Introduction

2. Background and Summary

   1. Part 1: Budget Responsibility

      1. Evolution of the Government’s fiscal framework

      2. The Office for Budget Responsibility

      3. The interim Office

   2. Part 2: National Audit

      1. Previous audit legislation

      2. The Commission’s Review

      3. The provisions of Part 2

3. Territorial Extent

   1. Part 1: Budget Responsibility

   2. Part 2: National Audit

4. Commentary on Sections and Schedules

   1. Part 1: Budget Responsibility

      1. Section 1: Charter for Budget Responsibility

      2. Section 2: Annual Budget documents

      3. Section 3: Office for Budget Responsibility

      4. Section 4: Main duty of Office

      5. Section 5: How main duty is to be performed

      6. Section 6: Guidance as to how main duty is to be performed

      7. Section 7: Efficiency etc

      8. Section 8: Reports

      9. Section 9: Right to information

      10. Section 10: Superseded statutory provisions

   2. Part 2: National Audit

      1. Comptroller and Auditor General

         1. Section 11: Office of Comptroller and Auditor General

         2. Section 12: Status etc

         3. Section 13: Remuneration arrangements

         4. Section 14: Resignation or removal

         5. Section 15: Employment etc of a former Comptroller and Auditor General

         6. Section 16: Provision of services

         7. Section 17: How functions are to be exercised

         8. Section 18: Economy, efficiency and effectiveness examinations

         9. Section 19: Auditing of companies

         10. Section 20: Incorporation of NAO

         11. Section 21: Efficiency, etc

         12. Section 22: Relationship with Comptroller and Auditor General

         13. Section 23: NAO’s expenditure

      2. Miscellaneous and supplementary

         1. Section 24: Indemnification

         2. Section 25: Interpretation

         3. Section 26: Transitional provisions and consequential amendments

      3. Auditor General for Wales

         1. Section 27: Powers of National Assembly for Wales

   3. Part 3: Final provisions

      1. Section 28: Power to make consequential provisions

      2. Section 29: Commencement

      3. Section 31: Short title

   4. Schedule 1: Office for Budget Responsibility

      1. Paragraph 1: Membership

      2. Paragraph 2: Period of appointment and re-appointment

      3. Paragraph 3: Appointment of initial members

      4. Paragraph 4: Remuneration

      5. Paragraph 5: Other terms of appointment

      6. Paragraph 6: Termination of appointments

      7. Paragraph 7: Status of Office

      8. Paragraph 8: Employees

      9. Paragraphs 9 and 10: Committees

      10. Paragraph 11: Procedure

      11. Paragraph 12: Delegation of functions

      12. Paragraph 13:  Review by Non-executive Committee

      13. Paragraph 14: Documentary Evidence

      14. Paragraph 15: Annual report

      15. Paragraph 16: External Review

      16. Paragraph 17: Finance

      17. Paragraphs 18 and 19: Accounts and audit

      18. Paragraph 20: Powers

      19. Paragraph 21: Validity

      20. Paragraphs 22 to 28

          1. Public Records

          2. Parliamentary Commissioner

          3. Disqualification

          4. Race Relations

          5. Freedom of Information Act 2000

          6. Equality

      21. Paragraph 29: References to Treasury Committee

   5. Schedule 2: National Audit Office

      1. Part 1: Membership and status

      2. Part 2: Non-executive members

      3. Part 3: Chief Executive

      4. Part 4: Employee members

      5. Part 5: Employees

      6. Part 6: Procedural rules

      7. Part 7: Other matters

   6. Schedule 3: Relationship between NAO and Comptroller and Auditor General

      1. Paragraph 1: Strategy

      2. Paragraph 2: NAO to provide resources for the Comptroller and Auditor General’s functions

      3. Paragraph 3: Provision of certain services by Comptroller and Auditor General to require NAO’s approval

      4. Paragraphs 4 and 5: NAO to monitor and provide advice

      5. Paragraph 6: Delegation of Comptroller and Auditor General’s functions

      6. Paragraph 7: Comptroller and Auditor General: Vacancy or incapacity

      7. Paragraph 8: Audit fees etc

      8. Paragraph 9: Reports

      9. Paragraphs 10 to 12: Code of practice

      10. Paragraph 13: Documents and information

   7. Schedule 4: Transitional provisions relating to Part 2

      1. Paragraph 1: Transfer of property etc

      2. Paragraphs 2 to 4: Tax consequences of transfers by virtue of paragraph 1(3)

      3. Paragraph 5: Old Comptroller and Auditor General to continue to be Comptroller and Auditor General

      4. Paragraphs 6 and 7: Provision of services

      5. Paragraph 8: Indemnification

      6. Paragraph 9: NAO’s procedural rules before rules made under paragraph 18 of Schedule 2

   8. Schedule 5: Consequential Amendments relating to Part 2

      1. Paragraphs 2 to 34

         1. Exchequer and Audit Departments Act 1866

         2. Exchequer and Audit Departments Act 1957

         3. Public Records Act 1958

         4. Superannuation Act 1972

         5. House of Commons Disqualification Act 1975

         6. Northern Ireland Assembly Disqualification Act 1975

         7. Parliamentary and other Pensions and Salaries Act 1976

         8. Race Relations Act 1976

         9. Interpretation Act 1978

         10. National Audit Act 1983

         11. Finance Act 1989

         12. Social Security Administration Act 1992

         13. Taxation of Chargeable Gains Act 1992

         14. National Lottery etc. Act 1993

         15. Employment Rights Act 1996

         16. Government of Wales Act 1998

         17. Government Resources and Accounts Act 2000

         18. Freedom of Information Act 2000

         19. Public Finance and Accountability (Scotland) Act 2000

         20. Constitutional Reform Act 2005

         21. Government of Wales Act 2006

         22. Companies Act 2006

         23. Corporate Manslaughter and Corporate Homicide Act 2007

         24. Parliamentary Standards Act 2009

         25. Equality

   9. Schedule 6: Powers of National Assembly for Wales: Auditor General for Wales

      1. Paragraphs 2 to 4: Assembly Measures

      2. Paragraphs 5 to 7: Acts of the Assembly

5. Commencement

6. Hansard References