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Article 14 Audit committeesI1

England and Wales

(1)

In appointing members to an audit committee a combined authority F1or, as the case may be, combined county authority, must ensure that the members of the committee taken as a whole reflect so far as reasonably practicable the balance of political parties for the time being prevailing among members of the constituent councils when taken together.

(2)

An audit committee appointed by F2that authority may not include any officer of that authority or of a constituent council.

(3)

A combined authority F3or, as the case may be, combined county authority, must appoint to an audit committee at least one independent person.

(4)

For the purposes of appointments under paragraph (3), a person is independent if the person—

(a)

is not a member F4or substitute member or officer of the authority;

F5(b)

is not a member, co-opted member or officer of a principal council or a parish council whose area is within the area of the authority;

(c)

is not a relative, or close friend, of a person within sub-paragraph (a) or (b); and

(d)

was not at any time during the 5 years ending with an appointment under paragraph (3) —

(i)

a member F6or substitute member or officer of the authority; or

F7(ii)

a member, co-opted member or officer of a principal council or a parish council whose area is within the area of the authority.

(5)

A person may not be appointed under paragraph (3) unless—

(a)

the vacancy for the audit committee has been advertised in such manner as the combined authority F8or, as the case may be, combined county authority, considers is likely to bring it to the attention of the public;

(b)

the person has submitted to F9that authority an application to fill the vacancy, and

(c)

the person’s appointment has been approved by a majority of the members of F10that authority.

(6)

A person appointed under paragraph (3) does not cease to be independent as a result of being paid any amounts by way of allowances or expenses in connection with performing the duties of the appointment.

(7)

The combined authority F11or, as the case may be, combined county authority, must determine a minimum number of members required to be present at a meeting of the audit committee before business may be transacted, to be no fewer than two-thirds of the total number of members of the audit committee.

Annotations

Textual amendments

F1

Words in art. 14(1) inserted (7.5.2024) by The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) (Amendment) Regulations 2024 (S.I. 2024/430), regs. 1(2)(b)(ii), 16(a)

F2

Word in art. 14(2) substituted (7.5.2024) by The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) (Amendment) Regulations 2024 (S.I. 2024/430), regs. 1(2)(b)(ii), 16(b)

F3

Words in art. 14(3) inserted (7.5.2024) by The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) (Amendment) Regulations 2024 (S.I. 2024/430), regs. 1(2)(b)(ii), 16(c)

F4

Words in art. 14(4)(a) substituted (7.5.2024) by The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) (Amendment) Regulations 2024 (S.I. 2024/430), regs. 1(2)(b)(ii), 16(d)(i)

F5

Art. 14(4)(b) substituted (7.5.2024) by The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) (Amendment) Regulations 2024 (S.I. 2024/430), regs. 1(2)(b)(ii), 16(d)(ii)

F6

Words in art. 14(4)(d)(i) substituted (7.5.2024) by The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) (Amendment) Regulations 2024 (S.I. 2024/430), regs. 1(2)(b)(ii), 16(d)(iii)(aa)

F7

Art. 14(4)(d)(ii) substituted (7.5.2024) by The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) (Amendment) Regulations 2024 (S.I. 2024/430), regs. 1(2)(b)(ii), 16(d)(iii)(bb)

F8

Words in art. 14(5)(a) inserted (7.5.2024) by The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) (Amendment) Regulations 2024 (S.I. 2024/430), regs. 1(2)(b)(ii), 16(e)(i)

F9

Word in art. 14(5)(b) substituted (7.5.2024) by The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) (Amendment) Regulations 2024 (S.I. 2024/430), regs. 1(2)(b)(ii), 16(e)(ii)

F10

Word in art. 14(5)(c) substituted (7.5.2024) by The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) (Amendment) Regulations 2024 (S.I. 2024/430), regs. 1(2)(b)(ii), 16(e)(ii)

F11

Words in art. 14(7) inserted (7.5.2024) by The Combined Authorities (Overview and Scrutiny Committees, Access to Information and Audit Committees) (Amendment) Regulations 2024 (S.I. 2024/430), regs. 1(2)(b)(ii), 16(f)

Commencement

I1

Art. 14 in force at 8.5.2017, see art. 1