
Exchequer and Audit Departments Act 1866
An Act to consolidate the Duties of the Exchequer and Audit Departments, to regulate the Receipt, Custody, and Issue of Public Moneys, and to provide for the Audit of the Accounts thereof.
1 Short title.
This Act may be cited for all purposes as “The Exchequer and Audit Departments Act 1866.”
2 Definition of terms.
F43 Power to Her Majesty to appoint “Comptroller and Auditor General” and “Assistant Comptroller and Auditor”, who shall not hold any other offices during pleasure, nor be members or peers of Parliament.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F54. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 Present offices of Comptroller General of the Exchequer and Commissioners of Audit to be abolished. Power to grant compensation allowances to Commissioners of Audit who are not reappointed.
F6... The person appointed to be Comptroller and Auditor General shall have and perform all the powers and duties conferred or imposed on the Comptroller General of the Exchequer and the Commissioners for auditing the Public Accounts respectively by any enactments relative to those authorities respectively, as far as the same are not repealed or altered by this Act or any other Act of the present session of Parliament. F6...
F76 On vacancy in office of Comptroller and Auditor General, &c., successor to be appointed.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F87—9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 Gross revenues to be paid to Exchequer, and daily returns to be sent to Comptroller and Auditor General.
11 Moneys to form one fund in the books of the Banks of England and Ireland applicable to Exchequer issues.
All moneys paid into the Bank of England F13. . . on account of the Exchequer shall be considered by the Governor and Company F14of the said Bank as forming one general fund in its books; and all orders directed by the Treasury F14to the Bank for issues out of credits to be granted by the Comptroller and Auditor General, as herein-after provided for the public service, shall be satisfied out of such general fund; and with a view to economize the public balances, the Treasury shall restrict the sums to be issued or transferred from time to time to the credit of accounts of principal accountants F14at the Bank, as herein-after provided, to such total sums as they may consider necessary for conducting the current payments for the public service intrusted to such principal accountants; and the said principal accountants may consider the sums so transferred to their accounts as constituting part of their general drawing balance, applicable to the payment of all the services for which they are accountable; but such sums shall be carried in the books of such accountants to the credit of the respective services for which the same may be issued, as specified in such orders: Provided always, that this enactment shall not be construed to empower the Treasury or any authority to direct the payment, by any such principal accountant, of expenditure not sanctioned by any Act whereby services are or may be charged on the Consolidated Fund, or by a vote of the House of Commons, or by an Act for the appropriation of the supplies annually granted by Parliament.
12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F15
F1613 Payment out of Consolidated Fund: standing services.
(1)
This section applies in respect of services which are, under an Act, payable out of the Consolidated Fund.
(2)
The Comptroller and Auditor General shall, on receipt of a requisition from the Treasury, grant the Treasury a credit on the Exchequer account at the Bank of England (or on its growing balance).
(3)
Where a credit has been granted under subsection (2) issues shall be made to principal accountants from time to time on orders given to the Bank by the Treasury.
(4)
An order under subsection (3) shall specify the service to which it relates.
(5)
The Bank shall send to the Comptroller and Auditor General a daily account of all issues made from the Exchequer account in pursuance of this section.
14 Royal order for supply services.
When any sum or sums of moneys shall have been granted to Her Majesty by a resolution of the House of Commons, or by an Act of Parliament, to defray expenses for any specified public services, it shall be lawful for Her Majesty from time to time, by her royal order under the Royal Sign Manual, countersigned by the Treasury, to authorize and require the Treasury to issue, out of the credits to be granted to them on the F17Exchequer account as herein-after provided, the sums which may be required from time to time to defray such expenses, not exceeding the amount of the sums so voted or granted.
F1815 Payment out of Consolidated Fund: sums authorised by Parliament.
(1)
This section applies in respect of sums which Parliament has authorised, by Act or resolution of the House of Commons, to be issued out of the Consolidated Fund.
(2)
The Comptroller and Auditor General shall, on receipt of a requisition from the Treasury, grant the Treasury a credit on the Exchequer account at the Bank of England (or on its growing balance).
(3)
Where a credit has been granted under subsection (2) issues shall be made to principal accountants from time to time on orders given to the Bank by the Treasury.
(4)
An order under subsection (3) shall specify the service on account of which the issue is authorised.
(5)
The Bank shall send to the Comptroller and Auditor General a daily account of all issues made from the Exchequer account in pursuance of this section.
(6)
The Treasury shall send to the Comptroller and Auditor General a daily statement specifying the service on account of which each issue was made from the Exchequer account in pursuance of this section.
16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F19
17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F20
F2118 Banks.
The Treasury may from time to time determine—
(a)
the banks at which departments shall keep the public money entrusted to them, and
(b)
the accounts in which that money shall be kept.
19 Treasury may direct consolidation of accounts at the Bank.
It shall be lawful for the Treasury, whenever they shall consider it for the advantage of the public service, to direct that the accounts of any public officer or department, which by any Act or Acts are required to be kept under separate heads at the Bank of England F22. . ., shall be consolidated in such manner as they shall judge most convenient for the public service.
20 Accounts of stock may be opened in the books of the Banks under official description of public officers. The Banks may be authorized to receive dividends and sell stock.
It shall be lawful for the Bank of England F23..., at the request of the Treasury F23... for the public convenience, to open and keep accounts of Government stock and annuities in the books of F24the Bank under the official description of any public officer for the time being, without naming him; and the dividends on such stock and annuities may from time to time be received, and the stock and annuities or any part thereof to the credit of such account may from time to time be transferred, by the officer for the time being holding such office, as if such stock and annuities stood in his own name; and upon the death, resignation, or removal of any such public officer the stock and annuities standing to the credit of such account, and all dividends thereon, including any dividends not theretofore received, shall become vested in his successor in office, and be receivable and transferable accordingly. And any such public officer in whose official description such Government stock and annuities may be standing may by letter of attorney authorize the Bank of England F23..., or all or any of F24its cashiers, to sell and transfer all or any part of the stock or annuities from time to time standing in the books of F24the Bank on such account, and to receive the dividends due and to become due thereon; but no stock or annuities shall be sold or transferred at F24the Bank under the authority of such general letter of attorney, except upon an order in writing F24given to the Bank by the Treasury.
Appropriation Accounts
21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F25
F2622. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F2723. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
24. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F28
F2925. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3026. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F31
F3228. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
29, 30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F33
F3431. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F3532. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Accounts other than Appropriation Accounts
33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F36
34 By whom such accounts shall be rendered.
The accounts which F37by section 3 of the Exchequer and Audit Departments Act 1921 (examination of cash accounts) the Treasury are empowered to subject to the examination of the Comptroller and Auditor General shall be rendered to him by the departments or officers who may be directed so to do by the Treasury; and the term “accountant,” when used in this and the following sections of this Act with reference to any such accounts, shall be taken to mean the department or officer that may be so required by the Treasury to render the same; and F38every accountant shall, at such times and in such form as the Treasury shall determine, render an account of his receipts and payments F38together with the authorities and vouchers relating thereto to the Comptroller and Auditor General; and it shall be the duty of the Treasury to inform him of the appointment of every such officer.
35, 36.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F39
F4037. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
38. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F41
F4239. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F43
F4441. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4542. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4643. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F4744. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
45 Saving all existing rights of the Crown.
Nothing in this Act contained shall extend to abridge or alter the rights and powers of Her Majesty to control, suspend, or prevent the execution of any process or proceeding, under this Act or otherwise, for recovering money due to the Crown.
46 Acts in Schedule (C.) to be repealed.
47. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F49
F50SCHEDULE A
F51SCHEDULE B
F51. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F52SCHEDULE C
F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .