Audit Committee Chair - Submission to the Richard Commission

Annex B: Relevant extracts from the Government of Wales Act 1998

Audit Committee

(2) The Audit Committee shall have such number of members as the standing orders may provide.

(3) The members of the Audit Committee shall be elected by the Assembly from among the Assembly members so as to secure that, as far as is practicable, the balance of the parties in the Assembly is reflected in the membership of the Committee.

(4) Neither the Assembly First Secretary nor an Assembly Secretary may be a member of the Audit Committee.

(5) The Assembly shall elect one of the members of the Audit Committee to chair the Committee but it may not be chaired by a member who represents the largest party with an executive role.

(6) The Assembly may not delegate any function to the Audit Committee except as provided by section 94(4).

Evidence and documents relating to public bodies

(a) to attend proceedings of the Assembly for the purpose of giving evidence, or
(b) to produce to the Assembly documents in his possession or under his control.

(2) This subsection applies to-

(a) any person who is a member, or a member of the staff, of a body specified in Schedule 5, and
(b) any person who holds, or is a member of the staff of a person who holds, an office so specified.

(3) A requirement imposed on a person under subsection (1)-

(a) if imposed under paragraph (a) of that subsection, is to attend to give evidence in connection with the affairs of the body or office in question so far as relating to Wales, and
(b) if imposed under paragraph (b) of that subsection, is to produce documents which relate to those affairs.

(4) The powers conferred by subsection (1) may be exercised by and for the purposes of the Audit Committee.

Auditor General for Wales - Expense, fees and accounts

(5) Each such estimate shall be submitted to the Audit Committee at least five months before the beginning of the financial year to which it relates.

(6) The Audit committee shall examine each such estimate submitted to it and, after having done so, shall lay the estimate before the Assembly with any such modifications as the Committee thinks fit.

(7) Where the Audit Committee proposes to lay such an estimate before the Assembly with modifications, the Committee shall first consult the Secretary of State and have regard to any advice which he may give.

Audit of Auditor General's accounts

(4) The Assembly may delegate to the Audit Committee the function of approving bodies of accountants, or of withdrawing approval from such bodies, but may not otherwise delegate those functions.

Auditor General for Wales: miscellaneous

1. examine, certify or report on a person's accounts, or
2. carry out examinations into the economy, efficiency and effectiveness with which a person has used his resources in discharging his functions,

if provision is made for the Auditor General for Wales to do so by an agreement entered into by the person with either the Assembly or a Minister of the Crown.

(4) In determining how to exercise his functions under paragraph (b) of subsection (3), the Auditor General for Wales shall take into account the views of the Audit Committee (or, before the first ordinary election, the views of the Secretary of State) as to the examinations which he should carry out under that paragraph.

Examinations into Assembly's use of resources

(2) Subsection (1) shall not be construed as entitling the Auditor General for Wales to question the merits of the policy objectives of the Assembly.

(3) In determining how to exercise his functions under this section, the Auditor General for Wales shall take into account the views of the Audit committee as to the examinations which he should carry out under this section.

(4) The Auditor General for Wales may lay before the Assembly a report of the results of any examination carried out by him under this section.

Audit Committee reports

1. the Auditor General for Wales, or
2. the auditor appointed under section 94.

(2) If requested to do so by the House of Commons Committee of Public Accounts, the Audit Committee may -

(a) on behalf of the Committee of Public Accounts take evidence from the Assembly's principal accounting officer or any additional accounting officer designated under section 98, and
(b) report to the Committee of Public Accounts and transmit to that Committee any evidence so taken.

Publication of accounts and audit reports etc.

(2) The documents to which subsection (1) applies are -

(a) any accounts, statement of accounts or report laid before the Assembly by the Auditor General for Wales,
(b) any accounts or report laid before the Assembly by the auditor appointed under section 94, and
(c) any estimate or report laid before the Assembly under 93(6) or 102(1) by the Audit Committee.

Schedule 5 - Bodies and Offices covered by Section 74

1. The Advisory Committee on Pesticides
2. The Committee on Agricultural Valuation
3. The Agricultural Wages Board for England and Wales
4. The Apple and Pear Research Council
5. The Committee on Aquaculture Research and Development
6. The Audit Commission for Local Authorities and the National Health Service in England and Wales
7. The British Tourist Authority
8. The British Waterways Board
9. The British Wool Marketing Board
10. The Central Council for Education and Training in Social Work
11. The Clinical Standards Advisory Group
12. A Community Health Council for a district wholly in Wales
13. The Standing Dental Advisory Committee
14. The Dental Practice Board
15. The Committee on Dental and Surgical Materials
16. The Environment Agency
17. The Family Health Services Appeal Authority
18. Food from Britain
19. A Health Authority for an area in, or consisting of, Wales
20. The advisory committee for England, Wales and Northern Ireland constituted under section 32 of   the Hill Farming Act 1946 to advise about the exercise of powers under that Act
21. The Home Grown Cereals Authority
22. The Horticultural Development Council
23. The Joint Nature Conservation Committee
24. The Local Government Boundary Commission for Wales
25. The Meat and Livestock Commission
26. The Standing Medical Advisory Committee
27. The Mental Health Act Commission
28. The Milk Development Council
29. The Museums and Galleries Commission
30. The National Biological Standards Board
31. A National Health Service trust all or some of whose hospitals, establishments or other facilities   are situated in Wales
32. The Trustees of the National Heritage Memorial Fund
33. The National Lottery Charities Board
34. The National Radiological Protection Board
35. The Standing Nursing and Midwifery Advisory Committee
36. The Standing Pharmaceutical Advisory Committee
37. The Potato Industry Development Council (known as the British Potato Council)
38. The Public Health Laboratory Service Board
39. The Residuary Milk Marketing Board
40. The Sea Fish Industry Authority
41. A Special Health Authority performing functions only or mainly in respect of Wales
42. The Sugar Beet Research and Education Committee
43. The United Kingdom Sports Council
44. The United Kingdom Transplant Support Service Authority