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Local Government and Public Involvement in Health Act 2007 (c. 28)(The document as of February, 2008) Page 21 Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 (9) In subsection (8)-- (a) omit paragraph (a); (b) in paragraph (aa), omit "if he was appointed by the Auditor General for Wales,"; (c) in the words following paragraph (b), omit ", (3)". (10) In subsection (8A)-- (a) in paragraph (a), omit ", if the authority is a best value authority in Wales"; (b) omit paragraph (b). (11) Omit subsection (9) (application of section 3 of Audit Commission Act 1998 where auditor appointed by the Audit Commission). 10 Omit section 8 (Audit Commission's code of practice and fees). 11 In section 8A(5)-- (a) in paragraph (a), for "Assembly" substitute "Welsh Ministers"; (b) in paragraph (b), for "best value authorities in Wales" substitute "Welsh best value authorities". 12 In section 8B (auditor's duty in relation to codes) omit-- (a) subsection (1) (auditors appointed by Audit Commission); and (b) subsections (3) and (4) (transitional provision). 13 In section 9 (response to audit)-- (a) in subsections (1) and (2) for "best value authority" substitute "Welsh best value authority"; (b) in subsection (6) (in both places) for "Secretary of State" substitute "Welsh Ministers". 14 (1) Section 10 (best value inspections by Audit Commission) is amended as follows. (2) In subsection (4), omit paragraph (a). (3) In subsection (5), for "a best value authority in Wales" substitute " -- (a) a Welsh best value authority, or (b) a police authority for a police area in Wales. " 15 (1) Section 10A (best value inspections by Auditor General for Wales) is amended as follows. (2) In subsection (1) for "a best value authority in Wales" substitute " -- (a) a Welsh best value authority, or (b) a police authority for a police area in Wales. " (3) In subsection (2) for "specified best value authority in Wales" substitute "specified authority mentioned in subsection (1)". 16 In section 11 (inspectors' powers and duties), in subsection (4)(b) omit "must". 17 In section 12A(4)(b) (consultation about fees for inspections by Auditor General for Wales) for "best value authorities in Wales" substitute "best value authorities which may be inspected under section 10A". 18 In section 13 (reports by Audit Commission) omit subsection (5) (performance plans to record failure to comply with Part 1). 19 In section 13A (reports by Auditor General for Wales), in subsection (5) (performance plans to record failure to comply with Part 1), for "an authority" substitute "a Welsh best value authority". 20 In section 15(2) (Secretary of State's powers)-- (a) for the words from "direct it" to the end of paragraph (b) substitute-- " (aa) in the case of a Welsh best value authority, direct it to prepare or amend a performance plan or to follow specified procedures in relation to a performance plan; " ; (b) in paragraph (c), at the beginning insert "in the case of any best value authority, direct it". 21 (1) Section 23 (accounts) is amended as follows. (2) In subsection (4), in paragraph (za), for "best value authorities in Wales" substitute "Welsh best value authorities or police authorities for police areas in Wales". (3) In subsection (6), omit "(within the meaning of section 7)". (4) After subsection (6) insert-- " (7) In subsection (6), "auditor" means an auditor appointed by the Audit Commission or the Auditor General for Wales to audit the best value authority's accounts. " 22 (1) Section 29 (modification for Wales) is amended as follows. (2) For subsections (1) and (2) substitute-- " (1) This section has effect for the purposes of the application of this Part in relation to Wales, except in so far as it relates to a police authority for a police area in Wales. (1A) For each reference to the Secretary of State in sections 3, 10A, 12A, 13A, 15, 19, 23, 25 and 26 there shall be substituted a reference to the Welsh Ministers. " (3) In subsection (4)-- (a) omit "to Wales"; (b) for "National Assembly for Wales" and "Assembly" substitute "Welsh Ministers". (4) After subsection (4) insert-- " (5) In section 19(3) and (3A) for each reference to each House, or either House, of Parliament there shall be substituted a reference to the National Assembly for Wales. (6) In section 28(2), for the reference to either House of Parliament there shall be substituted a reference to the National Assembly for Wales. " Part 2 Other minor and consequential amendmentsHousing Associations Act 1985 (c. 69)23 In section 75(1B) of the Housing Associations Act 1985 (functions of Audit Commission in relation to which relevant authority provides advice and assistance), omit from ", except" to the end. Railways and Transport Safety Act 2003 (c. 20)24 In section 54 of the Railways and Transport Safety Act 2003 (performance directions), for subsection (1) substitute-- " (1) The Secretary of State may give a direction to the Authority-- (a) specifying factors ("performance indicators") by reference to which the Authority's performance in exercising functions can be measured; (b) specifying standards ("performance standards") to be met by the Authority in relation to performance indicators specified under paragraph (a). (1A) In specifying performance indicators and performance standards, and in deciding whether to do so, the Secretary of State shall aim to promote improvement of the way in which the functions of the Authority are exercised, having regard to a combination of economy, efficiency and effectiveness. (1B) A direction under subsection (1) may specify different performance indicators or performance standards-- (a) for different functions; (b) to apply at different times. (1C) The Secretary of State may give a direction to the Authority requiring the Authority to-- (a) specify performance indicators in relation to functions; (b) set targets for the performance of functions ("performance targets") by reference to performance indicators specified under paragraph (a) or subsection (1)(a); (c) set a plan of action to be taken for the purposes of meeting a performance target. " Local Government Act 2003 (c. 26)25 (1) The Local Government Act 2003 is amended as follows. (2) In section 36(1) (grants in connection with designation for service excellence), for "subject to any of the duties in sections 3 to 6 of the Local Government Act 1999 (best value duties)" substitute "which, in relation to any of its functions, is subject to the duty in section 3(1) of the Local Government Act 1999 (best value duty)". (3) In section 98(2) (procedure for orders under section 97), for "relate to best value authorities in Wales" (in each place) substitute "include provision which has effect in relation to Wales". (4) In section 101 (staff transfer matters: general), for subsection (7) substitute-- " (7) For the purposes of this section, the Secretary of State is the "appropriate person" in relation to a police authority for a police area in Wales. " Fire and Rescue Services Act 2004 (c. 21)26 (1) Section 24 of the Fire and Rescue Services Act 2004 (inspection of compliance with obligation to have regard to Fire and Rescue National Framework) is amended as follows. (2) In subsection (1), for "13" substitute "13A". (3) In subsection (2), for "section 13(2)(b) and (4)" substitute "sections 13(2)(b) and (4) and 13A(2)(b) and (4)". Public Audit (Wales) Act 2004 (c. 23)27 (1) The Public Audit (Wales) Act 2004 is amended as follows. (2) In section 41(1)(a) (studies for improving economy etc in services), for "best value authorities in Wales" substitute "local government bodies in Wales that are also best value authorities for the purposes of Part 1 of the Local Government Act 1999". (3) In section 59 (interpretation), omit subsection (4) (definition of best value authority in Wales). Section 146 SCHEDULE 9 Consequential amendments relating to change of name of the Audit CommissionAmendment of references to the current name of the Commission1 (1) In the provisions listed in sub-paragraph (2), in the expression "Audit Commission for Local Authorities and the National Health Service in England and Wales", omit "and Wales". (2) The provisions are-- (a) paragraphs 2(2)(h), 3(2)(e) and 4(h) of Schedule A1 to the Prison Act 1952 (c. 52) (interaction between Her Majesty's Chief Inspector of Prisons and other authorities); (b) the entry in Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975 (c. 24) (offices disqualifying for membership) relating to any member of the Audit Commission in receipt of remuneration; (c) the entry relating to the Audit Commission in Part 2 of Schedule 1A to the Race Relations Act 1976 (c. 74) (bodies and other persons subject to general statutory duty); (d) section 75(1A) of the Housing Associations Act 1985 (c. 69) (general function of the Housing Corporation); (e) section 22(5)(b) of the Airports Act 1986 (c. 31) (auditors of public airport companies); (f) section 124B(5) of the Education Reform Act 1988 (c. 40) (accounts of higher education corporations); (g) paragraph 5(6)(c)(i) of Schedule 8 to the Local Government Finance Act 1988 (c. 41) (non-domestic rating contributions); (h) section 123(8)(ja) of the Social Security Administration Act 1992 (c. 5) (unauthorised disclosure of information relating to particular persons); (i) the definition of "Audit Commission" in section 43A(7) of the Charities Act 1993 (c. 10) (annual audit or examination of English National Health Service charity accounts); (j) paragraphs 2(2)(h), 3(2)(e) and 4(h) of Schedule 4A to the Police Act 1996 (c. 16) (interaction between Her Majesty's Inspectors of Constabulary and other authorities); (k) the definition of "the Commission" in section 53(1) of the Audit Commission Act 1998 (c. 18) (interpretation); (l) section 53(1) of the School Standards and Framework Act 1998 (c. 31) (certification of statements by Audit Commission); (m) section 22(1) of the Local Government Act 1999 (c. 27) (Audit Commission); (n) section 125(2)(b) of the Greater London Authority Act 1999 (c. 29) (information); (o) paragraphs 2(2)(h) and 4(h) of the Schedule to the Crown Prosecution Service Inspectorate Act 2000 (c. 10) (interaction between Her Majesty's Chief Inspector of the Crown Prosecution Service and other authorities); (p) the definition of "the Audit Commission" in section 83(1) of the Local Government Act 2000 (c. 22) (interpretation of Part 3); (q) the entry relating to the Audit Commission in Part 6 of Schedule 1 to the Freedom of Information Act 2000 (c. 36) (public authorities); (r) paragraphs 2(2)(h), 3(2)(e) and 4(h) of Schedule 1A to the Criminal Justice and Court Services Act 2000 (c. 43) (interaction between Her Majesty's Inspectorate of the National Probation Service for England and Wales and other authorities); (s) the definition of "the Audit Commission" in section 99(7) of the Local Government Act 2003 (c. 26) (categorisation of English local authorities by reference to performance); (t) section 110(4) of that Act (financial year of the Audit Commission); (u) paragraphs 2(2)(h), 3(2)(a) and 4(h) of Schedule 3A to the Courts Act 2003 (c. 39) (interaction between Her Majesty's inspectorate of court administration and other authorities); (v) the definition of "Audit Commission" in section 148 of the Health and Social Care (Community Health and Standards) Act 2003 (c. 43) (interpretation of Part 2); (w) the definition of "the Audit Commission" in section 71 of the Public Audit (Wales) Act 2004 (c. 23) (interpretation); (x) section 20(4)(e) of the Children Act 2004 (c. 31) (joint area reviews); (y) paragraph 1(2)(h) of Schedule 13 to the Education and Inspections Act 2006 (c. 40) (inspection authorities); (z) paragraph 23(7) of Schedule 7 to the National Health Service Act 2006 (c. 41) (audit of public benefit corporations); (z1) paragraph 4(4) of Schedule 15 to that Act (audit of certain NHS bodies). Amendment of references to the old name of the Commission2 (1) In the provisions listed in sub-paragraph (2), in the expression "Audit Commission for Local Authorities in England and Wales", for "in England and Wales" substitute "and the National Health Service in England". (2) The provisions are-- (a) section 76(1) of the Transport Act 1985 (c. 67) (audit of accounts of public transport companies); (b) section 70(5) of the Local Government and Housing Act 1989 (c. 42) (requirements for companies under control or subject to influence of local authorities). Repeal of provision in the Audit Commission Act 1998 (c. 18) relating to the previous change of name of the Commission3 In Schedule 4 to the Audit Commission Act 1998 (transitional provisions, savings etc), omit paragraph 8. Section 148 SCHEDULE 10 Benefit Fraud Inspectorate: transfer schemesTransfer of staff1 Paragraphs 2 to 4 apply where the rights and liabilities relating to an individual's contract of employment are transferred in accordance with a transfer scheme. 2 (1) The individual's contract of employment-- (a) is not terminated by the transfer; and (b) has effect from the transfer date as if originally made between the individual and the Audit Commission. (2) The rights, powers, duties and liabilities of the Secretary of State under or in connection with the contract are transferred to the Audit Commission on the transfer date. (3) Anything done before the transfer date by or in relation to the Secretary of State in respect of the contract or otherwise in his capacity as the employer of the individual shall be treated from that date as having been done by or in relation to the Audit Commission. (4) For the purposes of the Employment Rights Act 1996 (c. 18)-- (a) the period of employment of the individual in the civil service of the State counts as a period of employment with the Audit Commission; and (b) the transfer does not break the continuity of the period of employment. (5) For the purposes of Part 11 of that Act (redundancy), the individual shall not be regarded as having been dismissed by virtue of the transfer. (6) This paragraph does not apply in relation to-- (a) so much of a contract of employment as relates to a pension scheme; or (b) any rights, powers, duties or liabilities relating to a pension scheme. (7) In this paragraph, "transfer date", in relation to a transfer scheme and an individual, means the date on which the rights and liabilities relating to an individual's contract of employment are transferred to the Audit Commission by virtue of the scheme. 3 (1) A transfer scheme may make provision with respect to the eligibility of the individual to become a member of a pension scheme by virtue of his employment with the Audit Commission. (2) A transfer scheme may make provision with respect to the rights of, or rights or liabilities in respect of, the individual under a pension scheme of which he is a member by virtue of his employment immediately before the transfer. 4 In paragraphs 2 and 3, "pension scheme" includes a scheme made under section 1 of the Superannuation Act 1972 (c. 11) (superannuation schemes as respects civil servants etc.). Property, rights and liabilities etc.5 (1) A transfer scheme may provide for the transfer of property, rights and liabilities-- (a) whether or not they would otherwise be capable of being transferred or assigned; (b) irrespective of any requirement for consent that would otherwise apply. (2) A transfer scheme may-- (a) create rights, or impose liabilities, in relation to property, rights and liabilities transferred by virtue of the scheme; (b) apportion property, rights and liabilities between the transferor and the Audit Commission. (3) A transfer scheme may provide for things done by or in relation to the transferor for the purposes of or in connection with anything transferred by a transfer scheme to be-- (a) treated as done by or in relation to the Audit Commission or its employees; (b) continued by or in relation to the Audit Commission or its employees. (4) A scheme may in particular make provision about the continuation of legal proceedings. (5) A scheme may include supplementary, incidental and consequential provision. (6) This paragraph has effect subject to paragraph 2 and section 148(4). Section 149 SCHEDULE 11 Schedule to be inserted in Audit Commission Act 1998Section 47B " SCHEDULE 2A Interaction with other authoritiesPart 1 InterpretationInspection authorities1 (1) In this Schedule (subject to sub-paragraph (2)), "inspection authority" means-- (a) Her Majesty's Chief Inspector of Prisons; (b) Her Majesty's Chief Inspector of Constabulary; (c) Her Majesty's Chief Inspector of the Crown Prosecution Service; (d) Her Majesty's Chief Inspector of the National Probation Service for England and Wales; (e) Her Majesty's Chief Inspector of Court Administration; (f) Her Majesty's Chief Inspector of Education, Children's Services and Skills; (g) the Commission for Healthcare Audit and Inspection; or (h) the Commission for Social Care Inspection. (2) In paragraphs 5 to 10 of this Schedule, "inspection authority" also includes-- (a) Her Majesty's Inspectors of Constabulary, (b) Her Majesty's Inspectorate of the National Probation Service for England and Wales, and (c) Her Majesty's Inspectorate of Court Administration, but notice under paragraph 5(1) in respect of an inspection by those inspectors or inspectorates may be given to their Chief Inspector. Public authorities2 (1) In this Schedule "public authority"-- (a) includes any person any of whose functions are of a public nature; but (b) does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament. (2) Subject to paragraph 9(3), references in this Schedule to a public authority do not include a public authority outside the United Kingdom. (3) In relation to a particular act, a person is not a public authority by virtue of sub-paragraph (1) if the nature of the act is private. Inspections and functions3 In this Schedule--
Part 2 Exercise of functionsInspection programmes and inspection frameworks4 (1) The Commission must from time to time, or at such times as the Secretary of State may specify by order, prepare-- (a) a document setting out what Audit Commission inspections it proposes to carry out (an "inspection programme"); (b) a document setting out the way in which it proposes to carry out its functions of inspecting and reporting so far as they relate to Audit Commission inspections (an "inspection framework"). (2) Before preparing an inspection programme or an inspection framework, the Commission must consult-- (a) the Secretary of State, (b) the inspection authorities, and (c) any other person or body specified by an order made by the Secretary of State, and it must send to each of the persons or bodies referred to in paragraph (a), (b) or (c) a copy of each programme or framework once it is prepared. (3) Sub-paragraph (2) does not require the Commission to consult, or to send copies of documents to, a person or body mentioned in paragraph (b) or (c) of that sub-paragraph in cases or circumstances in relation to which the Commission and that person or body have agreed to waive the requirement. (4) The Secretary of State may by order specify the form that inspection programmes or inspection frameworks must take. Inspections by other inspectors of organisations within the Commission's remit5 (1) If-- (a) a specified inspector is proposing to carry out an inspection that would involve inspecting a specified organisation, and (b) the Commission considers that the proposed inspection would impose an unreasonable burden on the specified organisation, or would do so if carried out in a particular way, the Commission must, subject to sub-paragraph (6), give a notice to the specified inspector requiring the inspector not to carry out the proposed inspection, or not to carry it out in that way. (2) In this paragraph "specified inspector" means-- (a) an inspection authority; (b) a section 139A inspector; or (c) any other person or body specified by order made by the Secretary of State. (3) In this paragraph "specified organisation" means a person or body specified by order made by the Secretary of State. (4) A person or body may be specified under sub-paragraph (3) in relation to particular functions. (5) In the case of a person or body so specified, sub-paragraph (1)(a) is to be read as referring to an inspection that would involve inspecting the discharge by that person or body of any of the functions in relation to which it is specified. (6) The Secretary of State may by order specify cases or circumstances in which a notice need not, or may not, be given under this paragraph. (7) Where a notice is given under this paragraph, the proposed inspection must not be carried out, or (as the case may be) must not be carried out in the way mentioned in the notice; but this is subject to sub-paragraph (8). (8) The Secretary of State, if satisfied that the proposed inspection-- (a) would not impose an unreasonable burden on the specified organisation in question, or (b) would not do so if carried out in a particular way, may give consent to the inspection being carried out, or being carried out in that way. (9) The Secretary of State may by order make provision supplementing this paragraph, including in particular provision-- (a) about the form of notices; (b) prescribing the period within which notices are to be given; (c) prescribing circumstances in which notices are, or are not, to be made public; (d) for revising or withdrawing notices; (e) for setting aside notices not validly given. Co-operation6 The Commission must co-operate with-- (a) the inspection authorities, Pages: P.1 | P.2 | P.3 | P.4 | P.5 | P.6 | P.7 | P.8 | P.9 | P.10 | P.11 | P.12 | P.13 | P.14 | P.15 | P.16 | P.17 | P.18 | P.19 | P.20 | P.21 | P.22 | P.23 | P.24 | P.25 | P.26 -- Back --
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