The Public Audit (Wales) Act 2004 (Transfer of Property, Rights and Liabilities of the Comptroller and Auditor General) Order 2005

• Citation: S.I. 2005/552
• Sections: 6

Section 1 Citation, commencement, extent and interpretation

(1) This Order may be cited as the Public Audit (Wales) Act 2004 (Transfer of Property, Rights and Liabilities of the Comptroller and Auditor General) Order 2005 and shall come into force on 1 st April 2005.

(2) This Order extends to England and Wales.

(3) In this Order, “the transfer date” means 1 st April 2005.

Section 2 Transfer of property, rights and liabilities to the Auditor General for Wales

(1) Save as provided in paragraph 2, the following shall, on the transfer date, transfer to and vest in the Auditor General for Wales —

(a) all property, rights and liabilities to which the Comptroller and Auditor General was entitled or subject immediately before that date in relation to the premises at 3-4 Park Place, Cardiff, CF10 3DP leased to the Comptroller and Auditor General on 27 th August 2002 by Hollybush Properties Limited (“the NAO Cardiff office ”), including all fixtures, fittings and trade fixtures at, in or on the NAO Cardiff office;

(b) the property in, and all rights and liabilities to which the Comptroller and Auditor General was entitled or subject immediately before that date in respect of, personal or other moveable property at, in or on the NAO Cardiff office; and

(c) the property in, and all rights and liabilities to which the Comptroller and Auditor General was entitled or subject immediately before that date in respect of, personal or other moveable property not included in sub-paragraph (b) and provided by the Comptroller and Auditor General for the use of those of his staff whose principal place of employment was, until immediately before that date, the NAO Cardiff office.

(2) The property mentioned in paragraph (1) shall not include any rights or liabilities of the Comptroller and Auditor General under any contract for the supply, use or maintenance of any information technology programmes.

(3) No right of pre-emption, forfeiture, reverter or similar right is to become exercisable as a result of a transfer of property under paragraph (1).

Section 3 Transfer of staff to Auditor General for Wales

(1) All the rights and liabilities (including the powers and duties) of the Comptroller and Auditor General under or in connection with any contract of employment –

(a) in force immediately before the transfer date; and

(b) made between the Comptroller and Auditor General and any person whose principal place of employment immediately before the transfer date was the NAO Cardiff office,

shall transfer to the Auditor General for Wales on the transfer date.

(2) For the purposes of paragraph (1) above, the rights and liabilities, powers and duties of the Comptroller and Auditor General in connection with any contract of employment to which paragraph (1) applies include any rights, liabilities, powers and duties under an agreement whereby the Comptroller and Auditor General agrees to lend monies to, or reimburse expenses incurred by, a member of his staff who is a party to such a contract of employment.

Section 4 Transfer of staff to Auditor General for Wales

(1) In this article, “the bonus” means the amount or amounts which would, but for the operation of article 3(1), have fallen to be paid by the Comptroller and Auditor General —

(a) to any person who was at the transfer date a party to a contract of employment to which article 3(1) applies;

(b) under the provisions (if any) of that person’s contract relating to non-pensionable bonuses designed to reward performance;

(c) in respect of the period beginning on 1 st April 2004 and ending on 31 st March 2005 (or any part thereof).

(2) The Comptroller and Auditor General shall, as soon as practicable after the transfer date, and in any event on or before 30 th September 2005, pay the Auditor General for Wales the amount equal to the total of all the bonuses.

Section 5 Creation in favour of Auditor General for Wales of interest over property retained by the Comptroller and Auditor General

(1) Subject to paragraph (2), the Auditor General for Wales is entitled to have access to, to copy and use, for whatever purpose, free of charge and in perpetuity, any intellectual property (in whatever form) created by or for the Comptroller and Auditor General before the transfer date.

(2) Nothing in this Order entitles or authorises the Auditor General for Wales to grant (whether for consideration or not) any third party any right over, or right to use or to copy, such intellectual property.

Section 6 Transfer of, and access to, documents

(1) The property in all documents (including documents in electronic form) in the possession or control of the Comptroller and Auditor General and relating wholly to —

(a) any property, rights and liabilities transferred to the Auditor General for Wales by article 2 or 3 of this Order; or

(b) any person (other than the Comptroller and Auditor General) who is a party to a contract of employment to which paragraph (1) of article 3 applies,

shall transfer to and vest in the Auditor General for Wales on the transfer date.

(2) The Comptroller and Auditor General shall be deemed to have given the Auditor General for Wales an acknowledgement in writing of the right of the Auditor General for Wales to the production of any document (including a document in electronic form) in the possession or control of the Comptroller and Auditor General and relating partly to —

(a) any property, rights and liabilities transferred to the Auditor General for Wales by article 2 or 3 of this Order; or

(b) any person (other than the Comptroller and Auditor General) who is a party to a contract of employment to which paragraph (1) of article 3 applies.