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Whereas it appears to the Treasury that each of the bodies specified in the Schedule to this Order exercises functions of a public nature or is entirely or substantially funded from public money; And whereas a draft of this Order has been approved by a resolution of each House of Parliament pursuant to section 25(10) of the Government Resources and Accounts Act 2000[1]; Now, therefore, the Treasury, having consulted the Comptroller and Auditor general, hereby make the following Order in exercise of the powers conferred on them by section 25(6) and (7) of the Government Resources and Accounts Act 2000: Citation and commencement 1. This Order may be cited as the Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2003 and comes into force on 23rd May 2003. Audit of bodies by the Comptroller and Auditor General 2. Those accounts of each of the bodies listed in the Schedule to this Order that relate to financial or accounting years ending on or after the date shown opposite the name of the body in the Schedule shall be audited by the Comptroller and Auditor General. Museum charities and the Community Development Foundation 3. - (1) The trustees of each body to which paragraph (2) below applies shall send a copy of the accounts of the body for each financial or accounting year ending on or after the date shown opposite the name of the body in the Schedule to this Order to the Comptroller and Auditor General as soon as reasonably practicable after the end of the year to which the accounts relate. (2) This paragraph applies to the following bodies:
Royal Air Force Museum Royal Marines Museum Royal Naval Museum Royal Naval Submarine Museum Community Development Foundation Sir John Soane's Museum
(3) The Comptroller and Auditor General shall examine, certify and report on each of the accounts sent to him under paragraph (1) above and shall lay before each House of Parliament a copy of each of those accounts together with his report on them.
(b) accounts of the Horticultural Development Council or of the Milk Development Council for financial years ending on or after 31st March 2004.".
(4) After subsection (3) insert -
(3B) The Horticultural Development Council and the Milk Development Council shall send a copy of their statement of accounts in respect of each financial year ending on or after 31st March 2004 to the Comptroller and Auditor General as soon as reasonably practicable after the end of the financial year to which the statement relates. (3C) The Comptroller and Auditor General shall examine, certify and report on each statement received under subsection (3A) or (3B).".
(5) In subsection (4) for "each such report of a council, or made by the auditors on their" substitute "any report under this section prepared by a council, or made by the auditors on their accounts or by the Comptroller and Auditor General on their statement of".
(3B) The Comptroller and Auditor General shall examine, certify and report on any statements of account sent to him by the Authority under subsection (3A) and shall lay a copy of those statements and his report on them before each House of Parliament."
Meat and Livestock Commission
(6) The Comptroller and Auditor General shall examine, certify and report on any statements of account sent to him by the Commission under subsection (5) and shall lay a copy of those statements and his report on them before each House of Parliament.".
Sir John Soane's Museum
British Hallmarking Council
(1B) The Council shall send their accounts for each subsequent year to the Comptroller and Auditor General as soon as reasonably practicable after the end of the year to which the accounts relate. (1C) The Comptroller and Auditor General shall examine, certify and report on any accounts sent to him under sub-paragraph (1B). (1D) The Comptroller and Auditor General shall lay before each House of Parliament a copy of any accounts sent to him under sub-paragraph (1B), together with his report on them.".
Alcohol Education and Research Council
(b) accounts, or a statement of accounts, relating to such a financial year.".
(3) After subsection (2)[9] insert -
(4) The Comptroller and Auditor General shall examine, certify and report on each statement of accounts sent to him by the Council under subsection (3) and shall lay a copy of the statement and his report on it before each House of Parliament.".
Sea Fish Industry Authority
(b) in subsection (5), after "auditors" insert "appointed under subsection (4)", (c) after subsection (6)[11] insert -
(6B) The Comptroller and Auditor General shall examine, certify and report on each statement of accounts sent to him by the Authority under subsection (6A) and shall lay before Parliament a copy of the statement and his report on it", and
(3) In section 16 (administration of schemes by the Sea Fish Industry Authority) -
(b) in subsection (5) after "of the accounts" insert "under subsection (4)", and (c) after subsection (5) insert -
(5B) The Comptroller and Auditor General shall examine, certify and report on each statement of accounts sent to him by the Authority under subsection (5A) and shall lay before Parliament a copy of the statement and his report on it.".
English Partnerships (Commission for the New Towns)
(3) In section 68 (audit of accounts of the Commission for the New Towns, etc) -
(b) after subsection (2)[15] insert -
(4) In section 70 (annual reports of the Commission for the New Towns, etc) -
(b) after "every such report" insert "of the Commission or of a development corporation".
Industrial training boards
(b) the Engineering Construction Industry Training Board,
in respect of financial years ending on or after 31st December 2003.
(3) At the end of subsection (3)[18], insert "or, as the case may be, by the Comptroller and Auditor General on the statement".
(b) after "each" insert "such", and (c) after "the auditors" insert "so appointed".
(3) In subsection (4) after "auditors" insert "appointed under subsection (3)".
(5B) The Comptroller and Auditor General shall examine, certify and report on each statement of accounts sent to him by Food from Britain under subsection (5A).".
English Heritage (Historic Buildings and Monuments Commission for England)
(ii) after "statement" insert "of accounts in respect of each such financial year", and (iii) after "each" insert "such", and
(b) after sub-paragraph (6)[22] insert -
(6B) The Comptroller and Auditor General shall examine, certify and report on any statement of accounts sent to him under sub-paragraph (6A).".
(3) In paragraph 13 (annual reports of the Commission) -
(b) in sub-paragraph (3), after "report" insert "of the Commission", (c) in sub-paragraph (4), after "report" insert "of the Commission", and (d) in sub-paragraph (5), after "paragraph 12" insert "or, as the case may be, made by the Comptroller and Auditor General on any statement of accounts prepared under that paragraph".
Oil and Pipelines Agency
(b) after "each" insert "such".
(3) In sub-paragraph (6) after "this paragraph" insert "in respect of accounting years ending on or before 31st March 2002".
(8) The Comptroller and Auditor General shall examine, certify and report on each statement of accounts sent to him by the Council under sub-paragraph (7) and shall lay a copy of the statement and his report on it before each House of Parliament.".
Housing Corporation
(2B) The Comptroller and Auditor General shall examine and certify the accounts sent to him by the Housing Corporation under subsection (2A) and shall lay before each House of Parliament a copy of the accounts and his report on them.".
(4) In subsection (3) after "audited" insert "under subsection (2) or (2A)".
(b) after "each" insert "such".
(3) After paragraph 26 (laying accounts of the Authority before Parliament) insert -
26B. The Comptroller and Auditor General shall examine, certify and report on each statement of accounts sent to him by the licensing authority under paragraph 26A and shall lay before Parliament a copy of the statement and his report on it.".
English Partnerships (the Urban Regeneration Agency)
(3) In paragraph 10 (audit of accounts of the Agency) -
(ii) after "statements of accounts" insert "in respect of those financial years", and
(b) after sub-paragraph (2) insert -
(4) In paragraph 12 (annual reports of the Agency) -
(b) in sub-paragraph (2), after "report" insert "of the Agency".
Environment Agency
(3B) The Comptroller and Auditor General shall examine, certify and report on any accounts sent to him by the Agency under subsection (3A) and shall lay before each House of Parliament a copy of those accounts and his report on them.".
Standards Board for England
(b) after "each" insert "such".
(3) After sub-paragraph (4) insert -
(4B) The Comptroller and Auditor General must examine, certify and report on each statement of accounts sent to him by the Board under sub-paragraph (4A) and must lay a copy of the statement and his report on it before each House of Parliament.".
(this note does not form part of the Order) This Order implements part of the Government's policy set out in its response, published on 13 March 2002 (Cm 5456), to Lord Sharman's report on audit and accountability in Central Government. In that response, the Government said that it accepted the report's recommendation that Non-departmental Public Bodies (NDPBs) should be audited by the Comptroller and Auditor General (C&AG). This Order makes the C&AG the auditor of all NDPBs (other than those incorporated under the Companies Acts) which are required by or under statute to be audited by auditors appointed either by the Minister or by the body itself. The bodies affected by the Order are listed in the Schedule to the Order. The Order provides that the Comptroller and Auditor General will audit the accounts of those bodies, beginning in each case with the accounts for the financial or accounting year ending on the date shown opposite the name of the body in the Schedule. The dates in the Schedule reflect the Government's policy (which is in accord with a recommendation of Lord Sharman) that the changes in auditor should take place as existing contracts expire. The Order also requires the Comptroller and Auditor General to lay before Parliament the audited accounts of the bodies listed in the Schedule, together with his report on those accounts, except where statute requires Ministers or the Secretary of State to lay the annual report of the body before Parliament together with the audited accounts. And the Order makes a number of consequential amendments to existing legislation. Notes: [1] 2000 c. 20.back [3] Subsection (2A) was inserted by S.I. 1991/1997, reg. 2, Schedule, paragraph 3.back [9] Subsection (2) was substituted by S.I. 1991/1997, reg. 2, Schedule, paragraph 39.back [11] Subsection (6) was substituted by S.I. 1991/1997, reg.2, Schedule, paragraph 40.back [12] Subsection (8) was amended by S.I. 1999/1747, article 3, Schedule 23, Part II, paragraph 3(1), (2).back [14] Section 67(1) was amended by the New Towns and Urban Development Corporations Act 1985 (c. 5), section 9(a).back [15] Subsection (2) was substituted by S.I. 1991/1997, reg. 2, Schedule, paragraph 41.back [17] Subsection (2) was amended by S.I. 1991/1997, reg 2, Schedule, paragraph 44.back [18] Subsection (3) was amended by the Employment Act 1989 (c. 38), section 22(4), Schedule 4, paragraph 7.back [20] Subsection (5) was substituted by S.I. 1991/1997, reg.2, Schedule, paragraph 48.back [22] Sub-paragraph (6) was amended by S.I. 1991/1997, reg. 2, Schedule, paragraph 49.back [25] Subsection (2) was amended by the Government of Wales Act 1998 (c. 38), section 140, Schedule 16, paragraph 49.back
ISBN 0 11 046169 X
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