- Statutory Instrument 2004 No. 1714
The Government Resources and Accounts Act 2000 (Audit of Health Service Bodies) Order 2004
© Crown Copyright 2004
Statutory Instruments printed from this website are printed under the superintendence and authority of the Controller of HMSO being the Queen's Printer of Acts of Parliament.
The legislation contained on this web site is subject to Crown Copyright protection. It may be reproduced free of charge provided that it is reproduced accurately and that the source and copyright status of the material is made evident to users.
It should be noted that the right to reproduce the text of Statutory Instruments does not extend to the Queen's Printer imprints which should be removed from any copies of the Statutory Instrument which are issued or made available to the public. This includes reproduction of the Statutory Instrument on the Internet and on intranet sites. The Royal Arms may be reproduced only where they are an integral part of the original document.
The text of this Internet version of the Statutory Instrument which is published by the Queen's Printer of Acts of Parliament has been prepared to reflect the text as it was Made. A print version is also available and is published by The Stationery Office Limited as the The Government Resources and Accounts Act 2000 (Audit of Health Service Bodies) Order 2004, ISBN 0110495063. The print version may be purchased by clicking here. Braille copies of this Statutory Instrument can also be purchased at the same price as the print edition by contacting TSO Customer Services on 0870 600 5522 or e-mail: customer.services@tso.co.uk.
Further information about the publication of legislation on this website can be found by referring to the Frequently Asked Questions.
To ensure fast access over slow connections, large documents have been segmented into "chunks". Where you see a "continue" button at the bottom of the page of text, this indicates that there is another chunk of text available.
| Made | 6th July 2004 | ||
| Coming into force | 12th July 2004 |
Whereas it appears to the Treasury that each of the bodies listed in Schedule 1 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 and in exercise of the powers conferred on them by section 25(6) and (7) of the Government Resources and Accounts Act 2000, hereby make the following Order:
Citation and commencement
1. This Order may be cited as the Government Resources and Accounts Act 2000 (Audit of Health Service Bodies) Order 2004 and comes into force on 12th July 2004.
Health Service Bodies
2. - (1) Those accounts of each of the Special Health Authorities listed in Schedule 1[2] that relate to financial years ending on or after the date shown opposite the name of the Special Health Authority in that Schedule shall be audited by the Comptroller and Auditor General.
(2) Accordingly, the consequential amendments in Schedule 2 have effect.
Nick Ainger
John Heppell
Two of the Lords Commissioners of Her Majesty's Treasury
6th July 2004
| NHSU | 31st March 2004 |
| NHS Direct | 31st March 2005 |
| NHS Professionals Special Health Authority | 31st March 2004 |
| NHS Pensions Agency | 31st March 2005 |
1. - (1) Section 98 of the National Health Service Act 1977[3] (accounts and audit of health bodies) is amended as follows.
(2) For subsection (1A) substitute -
-
"
(1A) The second sentence of subsection (1) does not apply in relation to accounts of -
-
(a) a Special Health Authority established as at 1st April 2003, in respect of a financial year ending on or after 31st March 2004,
(b) the Dental Practice Board, in respect of a financial year ending on or after 31st March 2004,
(c) NHSU and NHS Professionals Special Health Authority, in respect of a financial year ending on or after 31st March 2004,
(d) NHS Direct and NHS Pensions Agency, in respect of a financial year ending on or after 31st March 2005."
(3) After subsection 1B insert -
-
"
(1BA) A body within subsection (1A)(c) shall send a copy of its accounts to the Comptroller and Auditor General -
-
(a) in the case of accounts in respect of the financial year ending on 31st March 2004, as soon as reasonably practicable after 12th July 2004,
(b) in the case of accounts in respect of a financial year ending after 31st March 2004, as soon as reasonably practicable following the end of that year.
(1BB) A body within subsection (1A)(d) shall send a copy of its accounts in respect of a financial year ending on or after 31st March 2005 to the Comptroller and Auditor General as soon as reasonably practicable following the end of that year."
(4) In subsection (1C) after "subsection (1B)" insert ", (1BA) or (1BB)".
2. In Schedule 2 to the Audit Commission Act 1998[4] (accounts subject to audit), for paragraph 1A substitute -
-
"
1A But section 2 does not apply to accounts of -
-
(a) a Special Health Authority established as at 1st April 2003, in respect of a financial year ending on or after 31st March 2004,
(b) the Dental Practice Board, in respect of a financial year ending on or after 31st March 2004,
(c) NHSU and NHS Professionals Special Health Authority, in respect of a financial year ending on or after 31st March 2004,
(d) NHS Direct and NHS Pensions Agency, in respect of a financial year ending on or after 31st March 2005."
(This note is not part of the Order)
This Order makes the Comptroller and Auditor General the auditor of the accounts of the bodies listed in Schedule 1. For NHS Professionals Special Health Authority and NHSU this audit arrangement applies to the accounts for a financial year ending on or after 31st March 2004. In the case of NHS Direct and NHS Pensions Agency this audit arrangement will apply to the accounts for a financial year ending on or after 31st March 2005. Without this Order, the Audit Commission would appoint the auditor of these bodies under section 98 of the National Health Service Act 1977 (1977 c. 49) and under section 2 of the Audit Commission Act 1998 (1998 c. 18). This Order also makes consequential amendments to existing legislation.
A body whose accounts are required by this Order to be audited by the Comptroller and Auditor General is required, by section 98(1C) of the National Health Service Act 1977 as amended by this Order, to lay its accounts before Parliament together with the Comptroller and Auditor General's report on the accounts.
NHSU was established by the NHSU (Establishment and Constitution) Order 2003 (S.I. 2003/2772); NHS Pensions Agency was established by the NHS Pensions Agency (Asiantaeth Pensiynau'r GIG) (Establishment and Constitution) Order 2004 (S.I. 2004/667); NHS Professionals Special Health Authority was established by NHS Professionals Special Health Authority (Establishment and Constitution) Order 2003 (S.I. 2003/3059); and NHS Direct was established by the NHS Direct (Establishment and Constitution) Order 2004 (S.I. 2004/569).
A full regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.
Notes:
[1] 2000 c. 20.back
[2] The bodies listed in Schedule 1 are all Special Health Authorities, established by orders made under section 11 of the National Health Service Act 1977 (c. 49), which was amended by the Health Authorities Act 1995 (c. 17), section 2(1) and Schedule 1, paragraph 2, and by the Health Act 1999 (c. 8), section 65 and Schedule 4, paragraphs 4 and 6.back
[3] 1977 c. 49; section 98(1A) to (1C) was inserted by S.I. 2003/1324, Article 2(2) and Schedule 2, paragraph 1(1) and (2).back
[4] 1998 c. 18; paragraph 1A was inserted by S.I. 2003/1324, Article 2(2) and Schedule 2, paragraph 2.back
ISBN 0 11 049506 3