Horticultural trade patterns in an expanded European Community and their effects on developing countries
The Audit Commission ceases to exist.
The Audit Commission Act 1998 is repealed.
Schedule 1 (abolition of Audit Commission: supplementary provision) has effect.
In that Schedule—
Part 1 makes some arrangements in connection with the abolition of the Audit Commission, and
Part 2 contains consequential repeals and revocations of Acts and instruments that amend the Audit Commission Act 1998.
In this section and that Schedule “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England.
In this Act “relevant authority” means a person or body listed in Schedule 2.
The application of this Act to a relevant authority is subject to any note forming part of the entry for that authority in Schedule 2.
The Secretary of State may by regulations amend Schedule 2 by adding, modifying or removing an entry relating to a relevant authority.
Regulations under subsection (3) may add an entry relating to a person or body to Schedule 2 only if that person or body exercises functions of a public nature in relation to an area which is—
wholly in England, or
partly in England and partly in Wales.
The Secretary of State may by regulations or order make provision about the application of this Act or provision made under it to a person or body that comes to fall within Schedule 2 (whether or not as a result of regulations under subsection (3)).
The power in subsection (5) includes power—
to amend this Act or provision made under it in its application to that person or body, or
to make provision for this Act or provision made under it to apply to that person or body with modifications.
A relevant authority, other than a health service body, must keep adequate accounting records.
“Adequate accounting records” means records that are sufficient—
to show and explain the relevant authority's transactions,
to disclose at any time, with reasonable accuracy, the financial position of the authority at that time, and
to enable the authority to ensure that any statements of accounts required to be prepared by the authority comply with the requirements imposed by or under this Act.
A relevant authority, other than a health service body, must prepare a statement of accounts in respect of each financial year.
In this Act “financial year” means a period of 12 months ending with 31 March.
The Secretary of State may by regulations—
make provision for the financial year of a relevant authority, other than a health service body, for the purposes of this Act to be such period as is specified in the regulations;
make provision for any requirement in this section not to apply, or to apply with modifications, in relation to the relevant authorities, other than health service bodies, specified or described in the regulations.
Regulations under subsection (5)(a) may—
amend this Act or provision made under it in its application to a relevant authority to which the regulations apply, or
provide for this Act or provision made under it to apply in relation to such a relevant authority with modifications.
Regulations under subsection (5)(a) may make provision in relation to—
all relevant authorities (other than health service bodies);
the relevant authorities specified or described in the regulations.
Section 32 enables the Secretary of State by regulations to make further provision about accounting records and statements of accounts.
In this Act “health service body” means—
an integrated care board;
an NHS trust all or most of whose hospitals, establishments and facilities are situated in England.
The accounts of a relevant authority for a financial year must be audited—
in accordance with this Act and provision made under it, and
by an auditor (a “local auditor”) appointed in accordance with this Act or provision made under it.
In this Act, references to accounts are to be construed in accordance with the following subsections.
In relation to a relevant authority which is not a health service body, “accounts” means—
the authority's accounting records, and
the authority's statement of accounts.
In relation to an integrated care board, “accounts” means—
the annual accounts of the board prepared under paragraph 22(2) of Schedule 1B to the National Health Service Act 2006 (accounts and audit of integrated care boards);
any accounts of the board prepared under paragraph 22(3) of that Schedule in respect of which a direction has been given under paragraph 22(6) of that Schedule.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In relation to an NHS trust, “accounts” means the annual accounts prepared under paragraph 11A of Schedule 4 to the National Health Service Act 2006.
The Secretary of State may by regulations make provision about the audit of the accounts of category 2 authorities.
Regulations under subsection (1) may, in particular, provide for any provision of or made under this Act not to apply, or to apply with modifications, in relation to category 2 authorities.
Subsection (2) applies to a provision of or made under this Act even if it makes specific provision about a category 2 authority to which the regulations apply.
Regulations under subsection (1) may, in particular—
provide for the appointment, by a person specified by the Secretary of State, of a local auditor in relation to the audit of the accounts of a category 2 authority;
make provision about the persons that may be specified by the Secretary of State;
make provision about the procedure for specifying a person and for a person's specification to come to an end in specified circumstances;
make provision about the consequences of a person's specification coming to an end, including for the exercise of functions by the Secretary of State and the transfer of the person's rights and liabilities arising by virtue of the regulations to the Secretary of State or another specified person;
confer functions on a specified person, including in relation to—
the appointment of local auditors under the regulations,
the activities of such auditors, and
the resignation or removal from office of such auditors;
require a specified person to consult such persons as are specified in the regulations before exercising specified functions;
make provision for the appointment of a local auditor in relation to the accounts of a category 2 authority to which arrangements within paragraph (a) apply where the specified person does not make an appointment under the regulations (and in particular for such an appointment to be made by the authority or the Secretary of State).
Regulations under subsection (1) may, in particular—
make provision about the category 2 authorities to which arrangements within subsection (4)(a) apply, including provision for them to apply to an authority that has opted into them or has not opted out of them;
make provision about the procedures to be followed in relation to opting into or out of those arrangements;
impose duties on category 2 authorities to which those arrangements apply, including duties as to—
the payment of fees to a specified person, and
the provision of information to a specified person;
make provision for the making of payments, in specified circumstances and by the category 2 authorities to which those arrangements apply, to a fund of a specified kind for the purposes of meeting local auditors' costs of a specified kind.
Provision made by regulations under subsection (1) by virtue of subsection (5)(c)(i) may, in particular—
provide for fees to be paid in accordance with a scale or scales of fees determined by a specified person, and
provide for the payment in specified circumstances of a larger or smaller fee than is set out in the appropriate scale.
Regulations under subsection (1) may, in particular—
make provision about the eligibility of a person to be appointed as a local auditor of the accounts of a category 2 authority;
make provision about the functions of a local auditor in relation to the accounts of a category 2 authority.
Regulations under subsection (1) may, in particular—
provide that, in specified circumstances, the accounts of a category 2 authority of a specified description are to be exempt from specified audit requirements;
make provision for an exemption under paragraph (a) not to apply or to cease to apply to an authority in specified circumstances.
In this section “specified” (except in the expressions “person specified by the Secretary of State” and “specified person”) means specified in regulations under subsection (1).
For the purposes of section 5, a relevant authority is a “category 2 authority” for a financial year if—
where that year is the year in which the authority was established, the qualifying condition is met for that year,
where that year is the year following that in which the authority was established, the qualifying condition is met for that year or the previous year, and
where that year is the second or any subsequent year following that in which the authority was established, the qualifying condition is met for that year or either of the two previous years.
The qualifying condition is met for a relevant authority and a financial year—
beginning on or before 1st April 2024, if the higher of the authority’s gross income for the year and its gross expenditure for the year does not exceed £6.5 million;
beginning on or after 1st April 2025, if the higher of the authority’s gross income for the year and its gross expenditure for the year does not exceed £15 million.
For the purpose of determining, at a time when a relevant authority's gross income or expenditure for a financial year cannot be accurately determined, whether subsection (2) applies or will apply to the authority, that subsection is to be read as referring to the authority's estimated gross income or expenditure (as the case may be).
The Secretary of State may by regulations make provision about the application of this Act (including in its application by virtue of section 5) or any provision made under it in a case where—
an authority is treated as a category 2 authority for a financial year, and
the authority was not in fact a category 2 authority for that year.
The Secretary of State may by regulations amend this section.
A body corporate called the Local Audit Office is established.
Schedule 1A makes provision about the Office, including provision about its constitution and proceedings.
The main objective of the Local Audit Office in performing its functions is to secure the effective operation of the system of audit established by this Act, with a view to meeting the needs of users of the audited accounts.
That includes, in particular, securing—
that audits under this Act are carried out to a high standard, and
that there is a suitable range of persons able and willing to carry out such audits.
The Secretary of State may pay grants to the Local Audit Office.
The Office must, on request by the Secretary of State, provide estimates of its income and expenditure.
The Office may charge a person a fee for the exercise in relation to that person of any of its functions that is not the subject of more specific provision about fees.
That includes functions under—
an agreement under section 6B(5)(a), or
rules or arrangements made for the purposes of Schedule 1C.
A fee charged by the Office (under subsection (3) or otherwise) need not be calculated by reference to the cost of doing the thing to which the fee relates.
But the Office must set its fees with a view to securing that, over time, its income from fees is broadly equivalent to such of its expenditure as is not met by way of grant from the Secretary of State.
In subsection (6)—
the reference to fees includes other sums payable to the Office by agreement (see in particular section 6B(5)(b)), and
the reference to setting fees includes agreeing fees and other sums so payable.
Subsection (9) applies to any sum received by the Office by way of penalty under— including any interest.
paragraph 3 of Schedule 1B (penalties against external registration body), or
arrangements made for the purposes of paragraph 10 of Schedule 1C (penalties against registered local audit provider),
The Office—
must pay the sum to the Secretary of State, but
may deduct any costs incurred by it in connection with the imposition or enforcement of the penalty, so far as those costs are not otherwise recoverable.
The Local Audit Office must exercise its functions in accordance with any direction, and having regard to any guidance, given to it by the Secretary of State.
The Office must comply with any written request by the Secretary of State to be provided with information about the exercise of the Office’s functions.
Such a request may cover information about the exercise of functions after the request is made.
No direction, guidance or request under this section may relate to the exercise of functions in relation to a particular relevant authority.
The Secretary of State must—
consult the Local Audit Office before giving any direction or guidance under this section, and
publish any direction or guidance given under this section.
A relevant authority must appoint a local auditor to audit its accounts for a financial year not later than 31 December in the preceding financial year.
A relevant authority may appoint a local auditor to audit its accounts for more than one financial year; and in such a case—
subsection (1) does not apply in relation to the second or any subsequent year for which the appointment is made, but
the authority must make a further appointment of a local auditor at least once every 5 years.
Subsection (2)(b) does not prevent the relevant authority from re-appointing a local auditor.
The Secretary of State may by regulations amend subsection (2)(b) so as to alter the period for the time being specified in it.
A local auditor appointed under this section—
must be eligible for appointment as a local auditor (see Part 4), and
must not be prohibited from acting as a local auditor of the accounts of the relevant authority by virtue of section 1214 of the Companies Act 2006 (independence requirement) as it has effect by virtue of Schedule 5.
Two or more local auditors may be appointed to audit the accounts of a relevant authority, and those auditors may be appointed—
to act jointly in relation to some or all parts of the accounts;
to act separately in relation to different parts of the accounts;
to carry out different functions in relation to the audit.
If, as a result of an appointment under subsection (6)(b) or (c), a function under this Act may be exercised by two or more local auditors—
it may be exercised by both or all of them acting jointly or by such one or more of them as they may determine, and
references (however expressed) to the local auditor by whom the function is or has been exercised are to the auditors by whom it is or has been exercised.
Schedule 3 makes further provision about the appointment of local auditors; and this section is subject to that Schedule and provision made under it.
The Secretary of State may by regulations make provision about the appointment of a local auditor to audit the accounts of a health service body which is specified, or of a description specified, in the regulations.
Regulations under subsection (8) may, in particular—
make further provision about the operation of this Act or any provision made under it in relation to a health service body to which the regulations apply;
provide for any provision of or made under this Act not to apply, or to apply with modifications, in relation to a health service body to which the regulations apply.
A relevant authority must consult and take into account the advice of its auditor panel on the selection and appointment of a local auditor under section 7.
The relevant authority must, within the period of 28 days beginning with the day on which the appointment is made, publish a notice that—
states that it has made the appointment,
identifies the local auditor that has been appointed,
specifies the period for which the local auditor has been appointed,
sets out the advice, or a summary of the advice, of its auditor panel about the selection and appointment of a local auditor, and
if it has not followed that advice, sets out the reasons why it has not done so.
The notice must be published—
if the relevant authority has a website, on its website;
otherwise, in accordance with subsection (4).
A relevant authority publishes a notice in accordance with this subsection if—
in the case of a relevant authority other than a health service body, it publishes the notice in such manner as it thinks is likely to bring the notice to the attention of persons who live in its area;
in the case of an integrated care board, it publishes the notice in such manner as it thinks is likely to bring the notice to the attention of—
the group of people for whom it has core responsibility, and
anyone who lives within its area but does not fall within sub-paragraph (i)
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in the case of an NHS trust, it publishes the notice in such manner as it thinks is likely to bring the notice to the attention of persons to whom the trust provides services for the purposes of the health service in England.
The relevant authority must exclude from the notice information whose disclosure would prejudice commercial confidentiality, unless there is an overriding public interest in favour of its disclosure.
This section is subject to Schedule 3 (further provision about appointment of local auditors) and provision made under it.
Each relevant authority must have an auditor panel to exercise the functions conferred on auditor panels by or under this Act.
This section does not apply to—
a chief constable, or
the Commissioner of Police of the Metropolis.
Schedule 4 makes further provision about auditor panels.
A relevant authority's auditor panel must advise the authority on the maintenance of an independent relationship with the local auditor appointed to audit its accounts.
Advice under subsection (1) to a police and crime commissioner for an area must include advice on the maintenance of an independent relationship between the local auditor and the chief constable for the area.
Advice under subsection (1) to the Mayor's Office for Policing and Crime must include advice on the maintenance of an independent relationship between the local auditor and the Commissioner of Police of the Metropolis.
A relevant authority's auditor panel must advise the authority on the selection and appointment of a local auditor to audit its accounts.
Advice under subsection (1) or (4) must be given—
if the relevant authority asks for it, and
at other times, if the auditor panel thinks it is appropriate to do so.
A relevant authority's auditor panel must advise the authority on any proposal by the authority to enter into a liability limitation agreement (see section 14).
Advice under subsection (6) must be given if the authority asks for it.
The Secretary of State may by regulations—
provide more details about an auditor panel's functions under any of subsections (1) to (7);
confer or impose other functions on a relevant authority's auditor panel in relation to the audit of the authority's accounts;
enable a relevant authority to confer or impose other functions on its auditor panel in relation to the audit of its accounts.
A relevant authority must publish advice from its auditor panel in accordance with subsection (10).
A relevant authority publishes advice in accordance with this subsection if—
in the case of a relevant authority other than a health service body, it publishes the advice in such manner as it thinks is likely to bring the advice to the attention of persons who live in its area;
in the case of an integrated care board, it publishes the advice in such manner as it thinks is likely to bring the advice to the attention of—
the group of people for whom it has core responsibility, and
anyone who lives within its area but does not fall within sub-paragraph (i);
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in the case of an NHS trust, it publishes the advice in such manner as it thinks is likely to bring the advice to the attention of persons to whom the trust provides services for the purposes of the health service in England.
The relevant authority must exclude from advice published under subsection (10) information whose disclosure would prejudice commercial confidentiality, unless there is an overriding public interest in favour of its disclosure.
An auditor panel must have regard to any guidance issued by the Secretary of State in exercising, or deciding whether to exercise, its functions.
A relevant authority must have regard to any guidance issued by the Secretary of State in exercising, or deciding whether to exercise, its functions in relation to its auditor panel.
A relevant authority other than a health service body must, if asked to do so by its auditor panel, supply to the panel any documents or information held by the authority and required by the panel for the exercise of its functions.
A relevant authority's auditor panel, other than the auditor panel of a health service body, may require a member or officer of the authority to come to a meeting of the panel to answer its questions.
In the application of subsection (2) to a corporation sole, the reference to a member is a reference to a holder of that office.
A person mentioned in subsection (2) must comply with a requirement imposed by an auditor panel under that subsection.
This does not require the person to answer any questions which the person would be entitled to refuse to answer in or for the purposes of proceedings in a court in England and Wales.
The auditor panel of a police and crime commissioner for an area may also exercise the functions in subsections (1) and (2) in relation to the chief constable for the area.
The auditor panel of the Mayor's Office for Policing and Crime may also exercise the functions in subsections (1) and (2) in relation to the Commissioner of Police of the Metropolis.
The auditor panel of a parish meeting may only exercise the function in subsection (2) in relation to the chairman of the parish meeting or the proper officer of the district council within whose area the parish lies.
If a relevant authority, other than a health service body, fails to appoint a local auditor in accordance with this Part, the authority must immediately inform the Secretary of State of that fact.
If it appears to the Secretary of State that a relevant authority, other than a health service body, has failed to appoint a local auditor in accordance with this Part, the Secretary of State may—
direct the authority to appoint the auditor named in the direction, or
appoint a local auditor on behalf of the authority.
An appointment under subsection (2)(b) takes effect—
as if it had been made by the relevant authority, and
on such terms as the Secretary of State may direct.
The Secretary of State must—
inform the relevant authority of the intention to give a direction or appoint a local auditor under subsection (2) not less than 28 days before the direction is given or the appointment made, and
consider any representations made by the relevant authority regarding the proposed direction or appointment.
But the Secretary of State may give a direction or make an appointment under subsection (2) without having complied with subsection (4) if the Secretary of State thinks it is likely that a local auditor would have to exercise a function under this Act in relation to a relevant authority within the period of 60 days beginning with the day on which the direction is given or the appointment is made.
If a health service body fails to appoint an auditor in accordance with this Part, it must immediately inform NHS England of that fact.
If it appears to NHS England that a health service body has failed to appoint an auditor in accordance with this Part, NHS England must inform the Secretary of State of that fact by the end of 25 March in the financial year preceding the financial year to which the accounts to be audited relate.
If the Secretary of State has been informed by NHS England under subsection (2), the Secretary of State may—
take either of the steps in subsection (4), or
direct NHS England to take whichever of the steps in subsection (4) NHS England considers appropriate.
Those steps are—
to direct the health service body to appoint an auditor named in the direction given under this paragraph, or
to appoint an auditor on behalf of the health service body.
An appointment under subsection (4)(b) takes effect—
as if it had been made by the health service body, and
on such terms as the Secretary of State or (as the case may be) NHS England may direct.
The Secretary of State or NHS England must—
inform the health service body of the intention to give a direction or appoint an auditor under subsection (4) not less than 28 days before the direction is given or the appointment made, and
consider any representations made by the health service body regarding the proposed direction or appointment.
But the Secretary of State or NHS England may give a direction or make an appointment under subsection (4) without having complied with subsection (6) if the Secretary of State or NHS England thinks it is likely that an auditor would have to exercise a function under this Act in relation to the health service body within the period of 60 days beginning with the day on which the direction is given or the appointment is made.
This section applies in relation to an agreement (a “liability limitation agreement”) that purports to limit the amount of a liability owed to a relevant authority by its local auditor in respect of any negligence, default, breach of duty or breach of trust occurring in the course of the audit of accounts, of which the auditor may be guilty in relation to the authority.
A liability limitation agreement must comply with regulations made by the Secretary of State.
Regulations under subsection (2) may, in particular,—
make provision about the duration of a liability limitation agreement;
make provision as to the amount to which a local auditor's liability may be limited by a liability limitation agreement (which may be an amount that is specified in, determined under or described in general terms in the regulations).
Regulations under subsection (2) may—
require a liability limitation agreement to contain provisions, or provisions of a description, specified in the regulations;
prohibit a liability limitation agreement from containing provisions, or provisions of a description, specified in the regulations.
Regulations under subsection (2) may provide—
that a liability limitation agreement that does not comply with the regulations is void;
that a liability limitation agreement is effective only to the extent that it complies with the regulations;
that, in the circumstances specified in the regulations, a provision of a liability limitation agreement that does not comply with the regulations is to have effect as if it complied with the regulations.
The Secretary of State may by regulations make provision requiring a relevant authority that has entered into a liability limitation agreement to disclose such information about the agreement as may be specified in the regulations in such manner as may be so specified.
A liability limitation agreement that complies with regulations under subsection (2) is not subject to section 2(2) or 3(2)(a) of the Unfair Contract Terms Act 1977.
Before entering into a liability limitation agreement, a relevant authority other than a chief constable or the Commissioner of Police of the Metropolis must consult and take into account the advice of its auditor panel.
Before entering into a liability limitation agreement, a chief constable for an area must consult and take into account the advice of the auditor panel of the police and crime commissioner for the area.
Before entering into a liability limitation agreement, the Commissioner of Police of the Metropolis must consult and take into account the advice of the auditor panel of the Mayor's Office for Policing and Crime.
If a relevant authority is a local authority operating executive arrangements, the function of deciding whether to enter into a liability limitation agreement is not the responsibility of an executive of the authority under those arrangements.
If a relevant authority is a local authority within the meaning of section 101 of the Local Government Act 1972 (arrangements for discharge of functions), that section does not apply to the authority's function of deciding whether to enter into a liability limitation agreement.
A decision to enter into a liability limitation agreement between a local auditor and the Greater London Authority must be taken by the Mayor of London and the London Assembly acting jointly on behalf of the Authority.
A decision to enter into a liability limitation agreement between a local auditor and a parish meeting must be taken by the parish meeting itself (and not by its chairman on behalf of the parish meeting).
The Secretary of State may by regulations make provision about—
the resignation of a local auditor of the accounts of a relevant authority from that office;
the removal of a local auditor of the accounts of a relevant authority from that office before the expiry of the term of that office.
Regulations under subsection (1)(a) may, in particular, make provision about—
the steps that must be taken by a person who is a local auditor to resign from that office;
the time at which the resignation takes effect;
the steps that must be taken in connection with the resignation by the relevant authority;
the role of the authority's auditor panel or of a recognised supervisory body in connection with the resignation;
the steps that must be taken by the relevant authority after the resignation.
Regulations under subsection (1)(b) may, in particular, make provision about—
the steps that must be taken to remove a local auditor from that office;
the person or persons by whom those steps must be taken and the way in which they must be taken;
the steps that may be taken by the local auditor in connection with the local auditor's removal from that office;
the role of the relevant authority's auditor panel or of a recognised supervisory body in connection with the removal of the local auditor from that office;
the steps that must be taken by the relevant authority after the removal of the local auditor from that office.
Regulations under subsection (1)(b) which make provision about the matter in subsection (3)(b) may provide, in relation to a local auditor of the accounts of a health service body, that some or all of the steps may be taken by the Secretary of State.
Regulations under subsection (1) may, in particular—
make provision for the Secretary of State to appoint, or direct the relevant authority to appoint, a replacement local auditor;
make provision that permits or requires, or enables the Secretary of State to permit or require, that appointment to have effect for a limited period or limited purposes only.
Regulations under subsection (1) which make provision as mentioned in subsection (5)(a) may apply section 12(3), (4) or (5) with modifications to a direction given or appointment made by the Secretary of State under such regulations.
Regulations under subsection (1) that confer functions on a recognised supervisory body may make provision about the supply to the body by a relevant authority of documents or information relating to the resignation or removal of a local auditor.
The Secretary of State may by regulations make provision for and in connection with the appointment, by a person (an “appointing person”) specified by the Secretary of State, of a local auditor to audit the accounts of a relevant authority to which the regulations apply.
Regulations under subsection (1) may, in particular—
make provision about the persons that may be specified as an appointing person;
make provision about the procedure for specifying a person and for an appointing person's specification to come to an end in prescribed circumstances;
make provision about the consequences of an appointing person's specification coming to an end, including—
for the exercise of functions by the Secretary of State, and
for the transfer of the person's rights and liabilities arising by virtue of the regulations to the Secretary of State or another appointing person;
confer functions on an appointing person, including in relation to—
the appointment of local auditors under the regulations,
the activities of such auditors, and
the resignation or removal from office of such auditors;
require an appointing person to consult prescribed persons before exercising prescribed functions.
Regulations under subsection (1) may, in particular—
make provision about the relevant authorities to which the arrangements under the regulations apply, including provision for them to apply to an authority that has opted into them or has not opted out of them;
make provision about the procedures to be followed in relation to opting into or out of those arrangements;
impose duties on relevant authorities to which those arrangements apply, including duties as to—
the payment of fees to the appointing person in respect of an audit carried out by a local auditor appointed by that person, and
the provision of information to the appointing person.
Provision made by regulations under subsection (1) by virtue of subsection (3)(c)(i) may, in particular—
provide for fees to be paid in accordance with a scale or scales of fees specified by the appointing person, and
provide for the payment in prescribed circumstances of a larger or smaller fee than is specified by the appropriate scale.
Regulations under subsection (1) may, in particular, make provision about the functions of a local auditor appointed by an appointing person.
Regulations under subsection (1) may, in particular, make provision for the appointment of a local auditor of the accounts of a relevant authority to which arrangements made by the regulations apply where the appointing person does not make an appointment under the regulations.
Provision made by regulations under subsection (1) by virtue of subsection (6) may, in particular, provide for the appointment to be made by the authority or the Secretary of State.
Regulations under subsection (1) may, in particular provide—
for any provision of, or made under, this Part not to apply, or to apply with modifications, in relation to a relevant authority to which regulations under that subsection apply;
for any other provision of, or made under, this Act not to apply, or to apply with modifications, in consequence of provision made by regulations under that subsection.
Subsection (8) applies to a provision of or made under this Act even if it makes specific provision about a relevant authority to which the regulations apply.
In this section “prescribed” means prescribed by regulations under subsection (1).
Schedule 5 (eligibility and regulation of local auditors) has effect.
The Secretary of State may by regulations amend that Schedule if the Secretary of State considers it is appropriate to do so as a result of amendments made to Part 42 of the Companies Act 2006.
The Local Audit Office must secure that there is at least one public register of individuals and firms who are (by virtue of their registration) entitled to carry out audits in accordance with this Act.
It may do so by—
keeping a register itself, or
designating another body as an external registration body (see section 6B).
An external registration body must keep a register meeting the description in subsection (1).
In this Act—
Fees may be charged in respect of—
applications for registration in a local audit register;
entry in such a register;
remaining in such a register.
The Local Audit Office may designate a body as an external registration body only if—
the body consents, and
the Office is satisfied that—
the body is able and willing to co-operate with the Office in pursuit of the objective set out in section 1B,
the body is able and willing to promote and maintain high standards of integrity in the conduct of audits under this Act, and
the rules and arrangements of the body that will have effect in relation to registered local audit providers and lead partners (see in particular Schedule 1C) will be fair, reasonable, and fit for purpose.
The Office—
may revoke the designation of an external registration body, and
must do so if no longer satisfied of the matters set out in subsection (1)(b), unless it considers that the body is likely to satisfy it of those matters again within a reasonable period.
The making or revocation of a designation is to be done by written notice to the body in question; and the Office must publish such a notice.
The making or revocation is to have effect from the time specified in the notice.
The Local Audit Office and an external registration body, or a body that anticipates becoming an external registration body, may enter into an agreement about—
how the body is to carry out its functions as an external registration body;
fees, costs or other sums that are to be paid by the body to the Office;
circumstances in which the Office will or will not exercise its power under subsection (2)(a);
procedures to be followed in order for the Office to reach a decision whether to exercise that power or whether its duty under subsection (2)(b) is engaged.
Fees charged by an external registration body under section 6A(5) may be calculated by reference to any costs borne by the body as a result of this Act.
Schedule 1B makes further provision about external registration bodies, including provision for the enforcement of their duties.
The body that keeps a local audit register must comply with the requirements of Schedule 1C (which sets out requirements in connection with the register, including requirements about eligibility for registration and the regulation of registered providers).
The requirements of Schedule 1C do not limit the ability of the body to have in place rules or arrangements going beyond those requirements (whether relating to the same or different subject matter).
An agreement under section 6B(5)(a) may, accordingly, include terms supplementing those requirements or imposing additional requirements.
In Schedule 1D—
Part 1 sets out certain requirements as to professional qualification referred to in Schedule 1C, and
Part 2 makes provision about bodies offering qualifications referred to in Part 1.
The Local Audit Office may— with a view to the firm becoming, or remaining, a registered local audit provider that carries out audits under this Act.
form a firm,
acquire interests in a firm, or
give assistance (financial or otherwise) to a firm,
This section applies if the Local Audit Office decides that it is to carry out audits under this Act.
The Office must put in place arrangements under which its audit practice will be monitored, inspected and reported on by persons acting independently of the Office.
The Office must send to the Secretary of State reports made to it under the arrangements.
Schedule 6 (codes of audit practice and guidance) has effect.
In auditing the accounts of a relevant authority other than a health service body, a local auditor must, by examination of the accounts and otherwise, be satisfied—
that the accounts comply with the requirements of the enactments that apply to them,
that proper practices have been observed in the preparation of the statement of accounts, and that the statement presents a true and fair view, and
that the authority has made proper arrangements for securing economy, efficiency and effectiveness in its use of resources.
Subject as follows, when a local auditor has completed an audit of the accounts of a relevant authority other than a health service body, the auditor must enter on the statement of accounts—
a certificate that the auditor has completed the audit in accordance with this Act, and
the auditor's opinion on the statement.
If a statement of accounts prepared by a relevant authority under this Act includes both— the authority’s local auditor must give a separate opinion on the part of the statement that relates to the accounts of the pension fund.
accounts of a pension fund maintained by the authority under regulations under section 1 of the Public Service Pensions Act 2013 as they relate to local government workers (within the meaning of that Act), and
other accounts of the authority,
A local auditor may enter an opinion on the statement of accounts on that statement before the audit is completed if—
the audit has not been completed because an objection has been made under section 27 and that objection has not been disposed of, and
the auditor thinks that, if the objection were resolved in the objector's favour, this would not affect the accuracy of the statement of accounts.
A local auditor must, in carrying out the auditor's functions in relation to the accounts of a relevant authority, comply with the code of audit practice applicable to the authority that is for the time being in force.
A local auditor must, in carrying out functions under this Act, have regard to guidance issued by the Comptroller and Auditor General under paragraph 9 of Schedule 6.
In auditing the accounts of an integrated care board, a local auditor must, by examination of the accounts and otherwise, be satisfied—
that the accounts present a true and fair view, and comply with the requirements of the enactments that apply to them,
that proper practices have been observed in the preparation of the accounts,
that the board has made proper arrangements for securing economy, efficiency and effectiveness in its use of resources,
that money provided by Parliament has been expended for the purposes intended by Parliament,
that resources authorised by Parliament to be used have been used for the purposes in relation to which the use was authorised, and
that the financial transactions of the board are in accordance with any authority which is relevant to the transactions.
In subsection (1)(e) use of resources means their expenditure, consumption or reduction in value.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
that the accounts present a true and fair view, and comply with the requirements of the enactments that apply to them,
that proper practices have been observed in the preparation of the accounts, and
that the special trustees have made proper arrangements for securing economy, efficiency and effectiveness in their use of resources.
In auditing the accounts of an NHS trust a local auditor must, by examination of the accounts and otherwise, be satisfied—
that the accounts present a true and fair view, and comply with the requirements of the enactments that apply to them,
that proper practices have been observed in the preparation of the accounts, and
that the NHS trust has made proper arrangements for securing economy, efficiency and effectiveness in its use of resources.
When a local auditor has completed an audit of the accounts of a health service body, the auditor must—
enter on the accounts a certificate that the auditor has completed the audit in accordance with this Act, and
make a report in accordance with subsection (5).
A report under subsection (4)(b)—
must contain the auditor's opinion on the accounts, including on the matters in subsection (1) or, as the case may be, subsection (3), but
must not contain the auditor's opinion on the matter in subsection (1)(c) or (3)(c) if the auditor is satisfied as to that matter.
A local auditor has a right of access at all reasonable times to every document (an “audit document”) that—
relates to a relevant authority or an entity connected with a relevant authority, and
the auditor thinks is necessary for the purposes of the auditor's functions under this Act.
This includes power to inspect, copy or take away an audit document.
A local auditor may—
require a person holding or accountable for, or who has at any time held or been accountable for, an audit document to provide such information or explanation as the auditor thinks is necessary for the purposes of this Act, and
if the auditor thinks it necessary, require the person to meet the auditor to give the information or explanation or (if the person holds or is accountable for the document) to produce the document.
Where an audit document is in an electronic form, the power to require a person to produce the document includes power to require it to be produced in a form in which it is legible and can be taken away.
For the purpose of inspecting an audit document which is in an electronic form, a local auditor—
may have access to, and inspect and check the operation of, any computer and associated apparatus or material which the auditor thinks is or has been used in connection with the document, and
may require a person within subsection (6) to give the auditor the reasonable assistance that the auditor needs for that purpose.
A person is within this subsection who—
is the person by whom or on whose behalf the computer is or has been used, or
is a person in charge of, or otherwise involved in operating, the computer, apparatus or material.
A local auditor may—
require any person to whom this subsection applies to provide such information or explanation as the auditor thinks is necessary for the purposes of this Act, and
if the auditor thinks it necessary, require the person to meet the auditor to give the information or explanation.
Subsection (7) applies to—
a member or officer of a relevant authority,
where a relevant authority is a corporation sole, the holder of that office,
a person elected or appointed—
as an entity connected with a relevant authority,
to such an entity, or
to an office of such an entity,
an employee of such an entity,
an auditor of the accounts of such an entity, or
a person who fell within any of paragraphs (a) to (d) at a time to which the information or explanation required by the local auditor relates.
A local auditor of the accounts of a parish meeting may only exercise the function in subsection (7), so far as it applies to a person who is or was a member or officer of a relevant authority, in relation to a person who is or was the chairman of the parish meeting or the proper officer of the district council within whose area the parish lies.
A relevant authority or an entity connected with a relevant authority must provide a local auditor with the facilities and information that the auditor reasonably requires for the purposes of the auditor's functions under this Act.
A statement made by a person in response to a requirement under this section may not be used in evidence against that person in criminal proceedings other than proceedings for an offence under section 23.
Nothing in this section compels a person to disclose information in respect of which a claim to legal professional privilege could be maintained in legal proceedings.
A person is guilty of an offence if, without reasonable excuse, the person—
obstructs the exercise of any power conferred by section 22, or
fails to comply with any requirement of a local auditor under that section.
A person guilty of an offence under subsection (1) is liable on summary conviction—
to a fine not exceeding level 3 on the standard scale, and
to an additional fine of not more than £20 for each day on which the offence continues after conviction for that offence.
The reasonable expenses incurred by a local auditor in connection with proceedings for an offence under subsection (1) alleged to have been committed by a person within subsection (4) in relation to the audit of the accounts of a relevant authority are recoverable from that authority so far as they are not recovered from any other source.
The persons within this subsection are—
a member or officer of the relevant authority,
a person elected or appointed—
as an entity connected with the relevant authority,
to such an entity, or
to an office of such an entity, and
an employee of such an entity.
Subsection (3) does not apply in relation to a parish meeting unless the offence is alleged to have been committed by the chairman of the parish meeting or the proper officer of the district council within whose area the parish lies.
In subsection (4)(a) the reference to a member of the relevant authority, in relation to a corporation sole, is to the holder of that office.
Schedule 7 (reports and recommendations) has effect.
A relevant authority other than a health service body must ensure that a local government elector for its area may inspect and make copies of—
the statement of accounts prepared by the authority,
the local auditor's certificate that the audit of the authority's accounts including that statement has been completed,
the local auditor's opinion on the statement of accounts,
any public interest report relating to the authority or an entity connected with it, and
any recommendation relating to the authority or an entity connected with it.
A relevant authority other than a health service body must ensure that a local government elector for its area may have copies of any document within subsection (1) supplied to the elector at the elector's request on payment of a reasonable sum for each copy.
The relevant authority must ensure that a local government elector may inspect a document within subsection (1) at all reasonable times and without payment.
This section applies in relation to a document only if the relevant authority has prepared the document or it has been made available to the authority.
References in this section to copies of a document include a reference to copies of any part of it.
At each audit of accounts under this Act, other than an audit of accounts of a health service body, any persons interested or any journalist may—
inspect the accounting records for the financial year to which the audit relates and all books, deeds, contracts, bills, vouchers, receipts and other documents relating to those records, and
make copies of all or any part of those records or documents.
At the request of a local government elector for any area to which the accounts relate, the local auditor must give the elector, or any representative of the elector, an opportunity to question the auditor about the accounting records.
In subsection (1) “journalist” means any person who produces for publication journalistic material (whether paid to do so or otherwise).
The local auditor's reasonable costs of complying with subsection (2) are recoverable from the relevant authority to which the accounts relate.
This section does not entitle a person—
to inspect or copy any part of any record or document containing information which is protected on the grounds of commercial confidentiality, or
to require any such information to be disclosed in answer to any question.
Information is protected on the grounds of commercial confidentiality if—
its disclosure would prejudice commercial confidentiality, and
there is no overriding public interest in favour of its disclosure.
This section does not entitle a person—
to inspect or copy any part of any record or document containing personal information, or
to require any personal information to be disclosed in answer to any question.
Information is personal information if it identifies a particular individual or enables a particular individual to be identified (but see subsection (8)).
Information is not personal information merely because it relates to a business carried on by an individual as a sole trader.
Information is personal information if it is information about an officer of the relevant authority which relates specifically to a particular individual and is available to the authority because—
the individual holds or has held an office or employment with that authority, or
payments or other benefits in respect of an office or employment under any other person are or have been made or provided to that individual by that authority.
For the purposes of subsection (9)—
“the relevant authority” means the relevant authority whose accounts are being audited, and
payments made or benefits provided to an individual in respect of an office or employment include any payment made or benefit provided in respect of the individual ceasing to hold the office or employment.
This section applies if, at an audit of accounts under this Act other than an audit of accounts of a health service body, a local government elector for an area to which the accounts relate makes an objection to the local auditor which meets the requirements in subsection (2) and which—
concerns a matter in respect of which the auditor could make a public interest report, or
concerns a matter in respect of which the auditor could apply for a declaration under section 28.
The requirements are that—
the objection is made in writing, and
a copy of the objection is sent to the relevant authority whose accounts are being audited.
The local auditor must decide—
whether to consider the objection, and
if the auditor does so, whether to take action within paragraph (a) or (b) of subsection (1) in response.
The local auditor may decide not to consider the objection if, in particular, the auditor thinks that—
the objection is frivolous or vexatious,
the cost of the auditor considering the objection would be disproportionate to the sums to which the objection relates, or
the objection repeats an objection already considered—
under this section by a local auditor of the authority's accounts, or
under section 16 of the Audit Commission Act 1998 by an auditor appointed under that Act in relation to those accounts.
Subsection (4)(b) does not entitle the local auditor to refuse to consider an objection which the auditor thinks might disclose serious concerns about how the relevant authority is managed or led.
If the local auditor decides not to take action within paragraph (a) or (b) of subsection (1), the auditor may recommend that the relevant authority should instead take action in response to the objection.
The local auditor's reasonable costs of exercising functions under this section are recoverable from the relevant authority.
If a local auditor carrying out an audit of accounts under this Act, other than an audit of accounts of a health service body, thinks that an item of account is contrary to law, the auditor may apply to the court for a declaration to that effect.
On an application under this section, the court—
may make or refuse to make the declaration, and
if it makes the declaration, may also order rectification of the statement of accounts or accounting records.
A person who has objected under section 27(1)(b) and is aggrieved by a decision of the local auditor not to consider the objection or not to apply for a declaration under this section may—
within the period of 6 weeks beginning with the day after that on which the person is notified of the decision, require the auditor to provide written reasons for the decision, and
within the period of 21 days beginning with the day after that on which the person receives those written reasons, appeal against the decision to the court.
On an appeal under subsection (3), the court has the same powers in relation to the item of account to which the objection relates as it would have on an application by the local auditor for the declaration.
On an application or appeal under this section, the court may make an order for the payment by the relevant authority to which the application or appeal relates of expenses incurred in connection with it by the local auditor or the person by whom the appeal is brought.
Subsection (7) applies if a local auditor of the accounts of a relevant authority incurs costs in determining whether to make an application under this section in relation to the authority, but the application is not in fact made.
The local auditor may recover the reasonable costs so incurred from the relevant authority.
The High Court and the county court have jurisdiction for the purposes of this section.
In this Act “item of account”, in relation to a relevant authority, means an item in the authority's accounting records or statement of accounts.
Schedule 8 (advisory notices) has effect.
A local auditor of the accounts of a health service body must take the steps set out in subsection (2) if the auditor believes that the body or an officer of the body—
is about to make, or has made, a decision which involves or would involve the body incurring unlawful expenditure, or
is about to take or has begun to take a course of action which, if followed to its conclusion, would be unlawful and likely to cause a loss or deficiency.
The local auditor must, as soon as reasonably practicable—
refer the matter to the Secretary of State, and
notify NHS England of the matter.
A local auditor appointed to audit the accounts of a relevant authority other than a health service body may make an application for judicial review of a decision of that authority, or of a failure by that authority to act, which it is reasonable to believe would have an effect on the accounts of that body.
Subsection (1) does not affect the requirement in section 31(3) of the Senior Courts Act 1981 to obtain the leave of the High Court to make the application.
The existence of the powers conferred on a local auditor under this Act is not a ground for refusing an application within subsection (1) (or an application for leave to make the application).
On an application for judicial review made as mentioned in subsection (1), the court may make such order as it thinks fit for the payment by the relevant authority of expenses incurred by the local auditor in connection with the application.
Subsection (6) applies if a local auditor of the accounts of a relevant authority incurs costs in determining whether to make an application under this section in relation to the authority, but the application is not in fact made.
The local auditor may recover the reasonable costs so incurred from the relevant authority.
The Secretary of State may by regulations applying to relevant authorities other than health service bodies make provision about—
the form and contents of accounting records;
the form, contents, preparation and approval of statements of accounts;
the preservation of accounting records or statements of accounts;
the publication of accounting records, statements of accounts or other information;
the exercise of any rights of objection or inspection conferred by section 25, 26 or 27 and the steps to be taken by any authority to enable those rights to be exercised;
the financial management of relevant authorities;
the maintenance by relevant authorities of systems of internal control (including arrangements for the management of risk).
Regulations under subsection (1)(b) may, in particular, make provision about any information to be provided by way of notes to the accounts.
Before making regulations under this section, the Secretary of State must consult—
the Comptroller and Auditor General,
such representatives of relevant authorities as the Secretary of State thinks appropriate, and
the recognised supervisory bodies.
Section 14(1)(a) of the Transport Act 1968 (accounts and other records of Passenger Transport Executives) is subject to regulations under this section.
Schedule 9 (data matching) has effect.
Schedule 10 (best value inspections) has effect.
A relevant authority other than a health service body must—
have an audit committee, and
arrange for its audit committee to exercise the functions set out in subsection (3).
The audit committee is to be—
in the case of a relevant authority that has a general power under an enactment to appoint committees, a committee of the authority designated by the authority as its audit committee, or
in any other case, a group of individuals appointed by the relevant authority.
The functions referred to in subsection (1)(b) are—
reviewing and scrutinising the authority’s financial affairs,
reviewing and assessing the authority’s risk management, internal control and governance arrangements,
reviewing and assessing the economy, efficiency and effectiveness with which resources have been used in discharging the authority’s functions, and
making reports and recommendations to the authority in relation to reviews conducted under paragraphs (a), (b) and (c).
The Secretary of State may by regulations provide for an enactment that applies in relation to a relevant authority, or a committee of a relevant authority, to apply, with or without modification, in relation to a group of individuals appointed under subsection (2)(b).
The Secretary of State may by regulations make provision about—
the membership of an audit committee;
the appointment of the members;
payment to the members of allowances, expenses, gratuities or pensions.
Provision must be made under subsection (5) so as to ensure that at least one member of an audit committee is an independent person, as defined by the regulations.
Regulations under subsection (5)(c) may, in particular, make provision applying provision made, or corresponding to any provision that could be made, under section 18 of the Local Government and Housing Act 1989 or section 100 of the Local Government Act 2000.
Subsection (5)(c) does not affect the application of the enactments referred to in subsection (7), or provision made under them, in relation to members of an audit committee.
In the case of a relevant authority within subsection (2)(a), the powers of the authority in relation to its committees are to be taken to include (so far as they would otherwise not)—
the powers necessary to give effect to regulations under subsection (5), and
the power to appoint to its audit committee persons who are not members of the authority (even where not required by regulations under subsection (5)).
A relevant authority must have regard to any guidance issued by the Secretary of State in relation to audit committees.
References in this section to a committee of a relevant authority include a sub-committee of such a committee.
After section 7 of the National Audit Act 1983 insert—
Section 8 (rights to obtain documents and information) of that Act is amended as follows.
In subsection (1) (right to access documents etc for purposes of examination under section 6 or 7), for “or 7” substitute “ , 7 or 7ZA ”.
In subsection (2) (application of subsection (1) rights)—
at the beginning insert “ In the case of an examination under section 6 or 7, ”,
after “control of” insert “ —(a) ”, and
at the end insert, or
After subsection (2) insert—
Schedule 11 (disclosure of information) has effect.
A local auditor may refer to the Secretary of State any matter arising from an audit under this Act if it appears that the matter may be relevant for the purposes of any of the functions of the Secretary of State relating to social security.
In section 139D(1) of the Social Security Administration Act 1992 (directions by Secretary of State following reports on social security matters)—
in paragraph (b), for “to an authority under section 10(1) of the Audit Commission Act 1998 and to the Secretary of State under section 39 of that Act” substitute “ to the Secretary of State under section 37(1) of or paragraph 3 of Schedule 7 to the Local Audit and Accountability Act 2014 ”, and
in paragraph (d) omit “section 38(7) of the Audit Commission Act 1998,”.
This section has effect until the coming into force of the repeal (by the Welfare Reform Act 2012) of section 139D of the Social Security Administration Act 1992.
In section 2 of the Local Government, Planning and Land Act 1980 (duty of authorities to publish information)—
after subsection (1) insert—, and
after subsection (10) insert—
After section 4 of the Local Government Act 1986 insert—
In section 12(3) of that Act (extent), after “Part II” insert “ , other than sections 4A and 4B, ”.
The Secretary of State may by regulations make provision for and in connection with allowing persons—
to film, photograph or make sound recordings of proceedings at a meeting of a body to which this section applies, or of a committee or sub-committee of such a body;
to use other means for enabling persons not present at such a meeting to see or hear proceedings at the meeting, as it takes place or later;
to report or provide commentary on the proceedings at such a meeting, orally or in writing, so that the report or commentary is available, as the meeting takes place or later, to persons not present at the meeting.
Regulations under subsection (1) may, in particular, make provision—
for allowing persons to make available to the public or a section of the public using any medium (including the internet) things produced as a result of activities within that subsection;
about the facilities to be made available by bodies to which the regulations apply to enable persons to carry on such activities;
about the steps to be taken by persons before carrying on such activities;
about the circumstances in which persons may not carry on such activities, including for enabling a person specified in the regulations to prevent them from doing so in the circumstances specified in the regulations.
The Secretary of State may by regulations make provision—
for requiring written records to be kept of decisions that are of a kind specified in the regulations and are taken by an officer of a body to which this section applies,
with respect to the information that is to be included in those written records (including information as to the reasons for any decision);
for requiring any such written records, or any documents connected with the decisions to which they relate, to be supplied or made available to members of the body, to the public or to other persons;
for the creation of offences in respect of any rights or requirements conferred or imposed by the regulations.
The Secretary of State may by regulations provide that any of the following may or must be given or made available by electronic means—
any notice which is required by the Public Bodies (Admission to Meetings) Act 1960, Part 5A of the Local Government Act 1972 (access to meetings and documents of certain authorities etc) or regulations under this section to be given by a body to which this section applies;
any document relating to such a body which is required by that Part or those regulations to be open to inspection.
Regulations under this section may, in particular, amend or repeal any provision of—
the Public Bodies (Admission to Meetings) Act 1960,
Part 5A or section 228 (inspection of documents) of the Local Government Act 1972, or
section 58 of the Greater London Authority Act 1999 (application of Part 5A to the London Assembly).
Subject to subsections (7) and (8), this section applies to—
a district council,
a county council in England,
a London borough council,
the London Assembly,
the Common Council of the City of London in its capacity as a local authority or police authority,
the London Fire Commissioner,
Transport for London,
a joint authority established under Part 4 of the Local Government Act 1985,
an economic prosperity board,
a combined authority,
a fire and rescue authority in England constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies,
a sub-national transport body,
a National Park authority for a National Park in England,
a combined county authority,
the Broads Authority,
the Council of the Isles of Scilly,
a parish council, and
a parish meeting.
In its application to subsection (1), subsection (6) is to be read as if it included a reference to an executive of an authority within paragraph (a), (b) or (c) of that subsection.
In its application to subsection (3), subsection (6) is to be read as if the reference in paragraph (d) to the London Assembly were to the Greater London Authority.
References in this section to a committee or sub-committee of a body include any committee or sub-committee of that body to which Part 5A of the Local Government Act 1972 applies or is treated as applying.
References in this section to Part 5A of the Local Government Act 1972 include a reference to that Part as it applies to the London Assembly by virtue of section 58 of the Greater London Authority Act 1999.
In paragraph 4(2) of Schedule 12 to the Local Government Act 1972 (notice of meeting of principal council), for “Three clear days” substitute “ Five clear days ”.
Chapter 4ZA of Part 1 of the Local Government Finance Act 1992 (referendums relating to council tax increases) is amended as follows.
In section 52ZG (arrangements for referendum on billing authority's council tax increase), after subsection (5) insert—
In section 52ZH(1) (duty to inform Secretary of State of result of referendum), after “the Secretary of State” insert “ , and any body the authority was required to notify under section 52ZG(5A), ”.
Section 52ZK (major precepting authority's duty to notify billing authority of excessive council tax increase) is amended as follows.
After subsection (1) insert—
In subsection (2) (requirement for notification under section to include precept), for “this section” substitute “ subsection (1) ”.
In subsection (8) (requirement for Secretary of State to prescribe date by which notification under section must be made), for “this section” substitute “ subsection (1) ”.
In section 52ZO(1) (duty to inform Secretary of State of result of referendum on precepting authority's excessive council tax increase), after “the Secretary of State” insert “ , and any body the authority was required to notify under section 52ZK(1A), ”.
Section 52ZX (meaning of relevant basic amount of council tax) is amended as follows.
In subsection (1) (billing authority's relevant basic amount of council tax), for paragraphs (a) and (b) (disregard of precepts and levies in calculation) substitute “the amount of any precepts—
issued to it for the year by local precepting authorities, or
anticipated by it in pursuance of regulations under section 41 above.”
In subsection (2) (relevant basic amount of council tax of major precepting authority other than county council or Greater London Authority) omit “a county council or”.
Omit subsection (3) (county council's relevant basic amount of council tax).
In subsection (4) (Greater London Authority's relevant basic amount of council tax), for paragraphs (a) and (b) substitute—
Subsections (15) to (17) apply (and subsections (19) to (21) do not apply) if, in accordance with section 49(3), this section comes into force on the day on which this Act is passed.
Section 52ZC of the Local Government Finance Act 1992 (determination of whether council tax increase is excessive) applies with the following modifications to the determination of a set of principles for the financial year beginning with 1 April 2014.
The Secretary of State may, in particular, determine categories of authority for that financial year on the basis of whether an authority's relevant basic amount of council tax for the financial year beginning with 1 April 2013 would have been excessive if that amount for that year and for the immediately preceding financial year had been determined under section 52ZX of the Local Government Finance Act 1992 as amended by this section.
In subsection (3)(b) of section 52ZC the reference to an authority's relevant basic amount of council tax for the financial year immediately preceding the year under consideration is to the amount that would have been calculated by the authority for that year under section 52ZX of the Local Government Finance Act 1992 if the amendments made to it by this section had been in force for that year.
Subsections (19) to (21) apply (and subsections (15) to (17) do not apply) if this section comes into force on a day appointed by the Secretary of State by order under section 49(3).
Section 52ZC of the Local Government Finance Act 1992 applies with the following modifications to the determination of a set of principles for the financial year beginning with 1 April 2015.
The Secretary of State may, in particular, determine categories of authority for that financial year—
on the basis of whether an authority's relevant basic amount of council tax for the financial year beginning with 1 April 2013 would have been excessive if that amount for that year and for the immediately preceding financial year had been determined under section 52ZX of the Local Government Finance Act 1992 as amended by this section,
on the basis of whether an authority's relevant basic amount of council tax for the financial year beginning with 1 April 2014 would have been excessive if that amount for that year and for the immediately preceding financial year had been determined under that section as so amended, or
on the basis set out in paragraph (a) and on the basis set out in paragraph (b).
In subsection (3)(b) of section 52ZC the reference to an authority's relevant basic amount of council tax for the financial year immediately preceding the year under consideration is to the amount that would have been calculated by the authority for that year under section 52ZX of the Local Government Finance Act 1992 if the amendments made to it by this section had been in force for that year.
In Part 3 of Schedule 12 to the Local Government Act 1972 (procedure in parish meetings), paragraph 18 is amended as follows.
Omit sub-paragraphs (4) to (6).
At the end insert—
In section 243 of that Act (computation of time and timing of elections, etc)—
in subsection (2) for “rules under paragraph 18 or” substitute “ regulations under paragraph 18 or rules under paragraph 34 ”,
in subsection (4) before “rules” (in both places it occurs) insert “ regulations or ”, and
in subsection (5) before “rules” (in both places it occurs) insert “ regulations or ”.
Any power of the Secretary of State or the Minister for the Cabinet Office to make regulations or an order under this Act is exercisable by statutory instrument.
Any power of the Secretary of State or the Minister for the Cabinet Office to make regulations or an order under this Act includes—
power to make different provision for different cases or classes of case, including different provision for different authorities;
power to make incidental, supplementary, consequential, transitional or transitory provision or savings.
A statutory instrument containing regulations or an order to which subsection (4) applies (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
This subsection applies to—
regulations under section 2(3) (power to amend list of relevant authorities in Schedule 2),
regulations or an order under section 2(5) (power to make provision about application of Act to a person or body coming to fall within Schedule 2) which amends this Act,
regulations under section 3(5)(a) (power to modify financial year of relevant authority) which amend this Act,
regulations under section 5(1) (modification of Act in relation to smaller authorities),
regulations under section 6(5) (power to amend definition of “smaller authority”),
regulations under section 7(4) (power to amend intervals at which local auditor must be appointed),
regulations under section 17 (appointment of auditor by specified person),
regulations under section 7(8) (power to make provision about appointment arrangements for health service bodies),
regulations under section 18(2) (power to amend Schedule 5),
regulations under section 40 (access to local government meetings and documents) which amend or repeal any provision of an Act,
regulations under section 46 (power to make consequential provision) which amend or repeal any provision of an Act,
regulations under section 33A(4) (power to apply enactments to certain audit committees),
regulations under paragraph 2(9) of Schedule 4 (power to amend definition of “independent” member of auditor panel),
regulations under paragraph 5(1)(a) of that Schedule (power to amend etc local authority enactments in their application to auditor panels),
regulations under section 43A(3) (power to amend definition of “connected entity”),
regulations under paragraph 8(3) of that Schedule (power to amend definition of “connected entity”), and
regulations under paragraph 8 of Schedule 9 (power to amend data-matching provisions).
regulations under paragraph 9(1) of Schedule 1D (delegation of powers in respect of recognised qualifying bodies);
Any other statutory instrument containing regulations or an order under this Act is subject to annulment in pursuance of a resolution of either House of Parliament, subject to subsection (6).
Subsection (5) does not apply to a statutory instrument containing only—
an order under section 49 (commencement),
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If a draft of a statutory instrument containing regulations or an order under section 2 would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.
In this Act (unless the context otherwise requires)—
“local audit register” means a register kept in accordance with this section;
This paragraph applies to the accounts for a financial year of the Commissioner of Police of the Metropolis. The Commissioner of Police of the Metropolis must not appoint a local auditor to audit the accounts. The accounts must be audited by the local auditor appointed by the Mayor's Office for Policing and Crime to audit the Office's accounts for the financial year. The Mayor's Office for Policing and Crime must consult and take into account the advice of the Office's auditor panel on the selection and appointment of the auditor.
A relevant authority's auditor panel, other than a health service body's auditor panel— A member of a relevant authority’s auditor panel, other than a health service body’s auditor panel, is “independent” at any given time if the following conditions are met— Sub-paragraphs (5) to (6D) modify the application of sub-paragraph (2) in relation to— Where the relevant authority concerned is the police and crime commissioner for an area, references to “the authority” include the chief constable for the area. Where the relevant authority concerned is the Mayor’s Office for Policing and Crime, references to “the authority” include the Commissioner of Police of the Metropolis and the Greater London Authority. Where the relevant authority concerned is a functional body other than the Mayor’s Office for Policing and Crime, references to “the authority” include the Greater London Authority. Where the relevant authority concerned is the Greater London Authority, references to “the authority” include a functional body and the Commissioner of Police of the Metropolis. Where a relevant authority is a corporation sole, references to “a member” of the relevant authority are to a holder of that office of corporation sole. Sub-paragraph (6C) applies regardless of whether the relevant authority is— In sub-paragraph (2)— For the purposes of sub-paragraph (2)(d), a person (“R”) is a relative of another person (“P”) if R is— and for this purpose “partner” means a spouse, civil partner or someone a person lives with as if they were husband and wife or civil partners. For the purposes of sub-paragraph (2)(f) to (h)— The Secretary of State may by regulations amend this paragraph so as to make provision about the members of a relevant authority's auditor panel who are or are not independent for the purposes of sub-paragraph (1).
The Secretary of State may by regulations— In this paragraph—
For the purposes of this Act, an entity (“E”) is connected with a relevant authority at any time if E is an entity other than the relevant authority and the relevant authority considers that, in accordance with proper practices in force at that time— In sub-paragraph (1) “entity” means any entity, whether or not a legal person. The Secretary of State may by regulations amend sub-paragraph (1) or (2). In sub-paragraph (1) as it applies in relation to a health service body, the reference to the relevant authority's statement of accounts is to be read as a reference to the body's accounts.
The Comptroller and Auditor General may prepare alterations to a code of audit practice. Paragraph 1(5) applies to alterations to a code as it applies to a code. After preparing alterations to a code, the Comptroller and Auditor General must— If, within the 40-day period, either House of Parliament resolves not to approve the code as altered, it must not be published by the Comptroller and Auditor General. If no such resolution is made within that period, the Comptroller and Auditor General must publish the code as altered. A code published under sub-paragraph (3)(a) or (5) must show the alterations that are proposed to be made to it or (as the case may be) have been made to it in such manner as the Comptroller and Auditor General thinks appropriate.
A relevant authority must provide the Comptroller and Auditor General with the information that the Comptroller and Auditor General reasonably requires for the purposes of this Schedule.
The duty imposed on the Comptroller and Auditor General by paragraph 1 includes a duty to prepare one or more codes of audit practice prescribing the way in which auditors of accounts of NHS foundation trusts are to carry out their functions in relation to such accounts. This Schedule, apart from paragraph 1(2) and (3), paragraph 8 and this paragraph, applies in relation to a code relating to auditors of accounts of NHS foundation trusts as it applies in relation to a code relating to local auditors, subject to the following sub-paragraphs. Paragraph 1(4) is to be read as if the reference to “local auditors” were a reference to auditors of accounts of NHS foundation trusts. Paragraph 1(5) applies as if— Paragraph 7 is to be read as if the reference to “a relevant authority” were a reference to an NHS foundation trust. Paragraph 9(1) is to be read as if the reference to “the exercise by local auditors of their functions under this Act” were a reference to “the exercise by auditors of accounts of NHS foundation trusts of their functions in relation to such accounts”.
This paragraph applies to a relevant authority if a local auditor has made a public interest report relating to the authority or an entity connected with it. As soon as is practicable after receiving the report, the relevant authority must publish the report and a notice that— As soon as is practicable after receiving the report, the relevant authority must supply a copy of the report to— Sub-paragraph (3)(a) does not apply in relation to a parish meeting. From the time when the report is received, the relevant authority, unless it is a health service body, must ensure that any member of the public may— The local auditor may— A notice or report required to be published under this paragraph must be published— A relevant authority publishes a notice or report in accordance with this sub-paragraph if— Nothing in this paragraph affects the operation of paragraph 9.
If a relevant authority is a local authority operating executive arrangements, the authority's functions under paragraph 5 are not the responsibility of an executive of the authority under those arrangements. If a relevant authority is a local authority within the meaning of section 101 of the Local Government Act 1972 (arrangements for discharge of functions), that section does not apply to its functions under paragraph 5. The functions of a parish meeting under paragraph 5 are to be exercised by the parish meeting itself (and not by its chairman on behalf of the parish meeting). Any functions of the Mayor of London under paragraph 6 must be exercised by the Mayor personally. Section 54 of the Greater London Authority Act 1999 (discharge of London Assembly functions by committees etc) does not apply in relation to any function of the London Assembly under paragraph 6.
As soon as is practicable after making decisions under paragraph 5(6) or (7) or 6(6), a relevant authority must— The notice under sub-paragraph (1)(b) must be published— The notice required by sub-paragraph (1)(b) in relation to a meeting need not summarise any decision made while the public were excluded from the meeting— If sections 100C and 100D of the Local Government Act 1972 (availability for inspection after meetings of minutes etc) apply in relation to a meeting under paragraph 5 or 6, the notice required by sub-paragraph (1)(b) must indicate the documents in relation to the meeting that are open for inspection in accordance with those paragraphs. This paragraph applies in addition to any provision made in relation to the relevant authority by or under the Public Bodies (Admission to Meetings) Act 1960, the Local Government Act 1972 or any other enactment.
A relevant minister may conduct data matching exercises or arrange for them to be conducted on the minister's behalf. “Relevant minister” means the Secretary of State or the Minister for the Cabinet Office. A data matching exercise is an exercise involving the comparison of sets of data to determine how far they match (including the identification of any patterns and trends). The power in sub-paragraph (1) is exercisable for the purpose of assisting in the prevention and detection of fraud. A data matching exercise may not be used to identify patterns and trends in an individual's characteristics or behaviour which suggest nothing more than the individual's potential to commit fraud in the future. In this Schedule, any reference to a data matching exercise is to an exercise conducted or arranged to be conducted under this paragraph.
This paragraph applies to the following information— Information to which this paragraph applies may be disclosed by or on behalf of the minister if the disclosure— A disclosure is within this sub-paragraph if it is— “Relevant audit authority” means— The related parties in relation to a relevant audit authority are— If the data used for a data matching exercise include patient data— Information disclosed under sub-paragraph (2) may not be further disclosed except— A person who discloses information to which this paragraph applies, except so far as that disclosure is authorised by sub-paragraph (2) or (7), is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale. If section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force on or before the day on which this Act is passed— Schedule 11 (restriction on disclosure of information obtained under this Act) does not apply to information to which this paragraph applies. In this paragraph “enactment” includes— In sub-paragraph (6) and this sub-paragraph—
A relevant minister must prepare, and keep under review, a code of practice with respect to data matching exercises. Regard must be had to the code in conducting and participating in any data matching exercise. Before preparing or altering the code, the relevant minister must consult— The relevant minister must—
In section 2(6B) of the Town and Country Planning Act 1990 (application of certain provisions to joint planning boards) omit paragraph (a).
“accounts” is to be construed in accordance with section 4(3) to (6);
in relation to a chief constable, means the police area of the chief constable's police force;
“financial year” has the meaning given by section 3(4) (subject to provision made under section 3(5));
The Schedule to the Crown Prosecution Service Inspectorate Act 2000 (further provisions about Her Majesty's Chief Inspector of the Crown Prosecution Service) is amended as follows. In paragraph 2(2) (duty to consult on inspection programme or inspection framework) omit paragraph (h) (the Audit Commission). In paragraph 4 (duty to co-operate) omit paragraph (h) (the Audit Commission). In paragraph 6 (assistance for other public authorities)—
Section 26D of the Public Finance and Accountability (Scotland) Act 2000 (disclosure of results of data matching etc) is amended as follows. In subsection (4) for paragraph (b) substitute—. In subsection (7) in the definition of “relevant NHS body” for paragraph (b) substitute—.
The Public Audit (Wales) Act 2004 is amended as follows.
Schedule 13 to the Education and Inspections Act 2006 (interaction between Her Majesty's Chief Inspector of Education, Children's Services and Skills and other authorities) is amended as follows. In paragraph 1 (meaning of inspection authorities)— In paragraph 8 (advice or assistance for other public authorities)— In paragraph 10(a) (charges for advice or assistance) for “providing advice or assistance” substitute “ doing anything ”.
In Part 1 of Schedule 11A to the Companies Act 2006 (specified persons for the purposes of the disclosure provisions in section 1224A of that Act), after paragraph 17 insert—
The Health and Social Care Act 2008 is amended as follows.
In consequence of the amendments made by this Schedule, the following provisions are repealed or revoked—
section 95(4) of the Traffic Management Act 2004;
paragraph 102 of Schedule 1 to the Fire and Rescue Services Act 2004;
paragraph 14 of Schedule 1 and paragraphs 9(2) and 20(b) of Schedule 2 to the Public Audit (Wales) Act 2004;
section 31(2) of the Legislative and Regulatory Reform Act 2006;
section 158 of and paragraph 5(6) of Schedule 14 to the Local Government and Public Involvement in Health Act 2007;
paragraphs 9 and 52 of Schedule 1 to the Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (SI 2010/844);
paragraph 10(6) of Schedule 17 to the Localism Act 2011;
section 155(2) of the Health and Social Care Act 2012;
paragraph 91(2) and (5) of Schedule 4 to the Public Audit (Wales) Act 2013 (anaw 3).
Omit section 43 (co-operation with Audit Commission).
Omit section 56 (role of Audit Commission in undertaking or promoting health care studies).
Omit section 57 (provision of information to Audit Commission).
Schedule 4 (interaction between Care Quality Commission and other authorities) is amended as follows. In paragraph 1 (meaning of inspection authorities)— In paragraph 9 (advice or assistance for other public authorities)—
Section 62 (co-operation) is amended as follows. Omit paragraph (b). In the heading (in its original form and as substituted by paragraph 61(3) of Schedule 4 to the Public Audit (Wales) Act 2013 (anaw 3)) omit “ , Audit Commission ”.
Section 64D (disclosure of results of data matching etc) is amended as follows. In subsection (2)(b) after “body”, in each place, insert “ or person ”. In subsection (3) after “bodies” insert “ and persons ”. In that subsection, for paragraph (a) substitute—. In subsection (4) after “body”, where it first occurs, insert “ or person ”. In subsection (6)(b) for sub-paragraph (ii) substitute—.
Omit sections 69 and 70 (transitional provision: local government bodies in Wales and Welsh NHS bodies).
Schedule 3 (transfer schemes) is amended as follows. In paragraph 1(1), omit paragraph (b) and the “and” preceding it. In paragraph 2—
The amendments of Schedule 3 to the Public Audit (Wales) Act 2004 by paragraph 65 do not affect— In this paragraph “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England.
A copy of an advisory notice— If the relevant authority referred to in sub-paragraph (1)(a) or (b) is a connected entity, a copy of the notice must also be served on its related authority or authorities. The local auditor must serve a statement of the auditor's reasons for the belief referred to in paragraph 1(1)— The statement must be served before the end of the period of 7 days beginning with the day on which a copy of the notice was served on the person to whom it is addressed. Where this paragraph requires a document to be served on an officer of a relevant authority, it must be served by addressing it to the officer and delivering it to the officer or leaving it at, or sending it by post to, the office where the officer is employed. An advisory notice may at any time be withdrawn by the local auditor of the accounts of the relevant authority to which, or to an officer of which, the notice was addressed. The local auditor must give notice in writing of the withdrawal to any person on whom a copy of the advisory notice was served under sub-paragraph (1) or (2). In this Schedule “the relevant authority concerned”, in relation to an advisory notice, means the relevant authority to which, or to any officer of which, the notice is addressed.
If a relevant minister thinks it appropriate to conduct a data matching exercise using data held by or on behalf of a body or person in England, the data may be disclosed to the minister or a person acting on the minister's behalf. Sub-paragraph (1) applies to the disclosure of data by a relevant authority, a best value authority or an NHS foundation trust otherwise than in response to a requirement under paragraph 2 as it applies to other disclosures of data. Sub-paragraph (1) does not authorise— “The data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act). Data may not be disclosed under sub-paragraph (1) if the data comprises or includes patient data. “Patient data” means data relating to an individual which are held for medical purposes (within the meaning of section 251 of the National Health Service Act 2006) and from which the individual can be identified. A disclosure under sub-paragraph (1) does not breach— This paragraph does not limit the circumstances in which data may be disclosed apart from this paragraph. Data matching exercises may include data provided by a body or person outside England.
A relevant minister must prescribe a scale or scales of fees in respect of data matching exercises. A person within paragraph 2(2) who is required under that paragraph to provide data for a data matching exercise must pay to the relevant minister by whom or on whose behalf the exercise is conducted the fee applicable to that exercise in accordance with the appropriate scale. But if it appears to the relevant minister that the work involved in the exercise was substantially more or less than that envisaged by the appropriate scale, the minister may charge the person a fee which is larger or smaller than that referred to in sub-paragraph (2). Before prescribing a scale of fees under this paragraph, a relevant minister must consult— In addition to the power under sub-paragraph (2), a relevant minister may charge a fee to any body or person providing data for or receiving the results of a data matching exercise. A fee under sub-paragraph (5) is payable in accordance with terms agreed between the relevant minister and that body or person.
In section 17 of the Norfolk and Suffolk Broads Act 1988 (accounts and auditing), in the second subsection (11), for “section 27 of the Audit Commission Act 1998 (accounts and audit regulations)” substitute “ section 32 of the Local Audit and Accountability Act 2014 (accounts and audit regulations) ”.
In section 117(8) of the Social Security Administration (Northern Ireland) Act 1992 (unauthorised disclosure of information relating to particular persons: Audit Commission)—
omit paragraph (gb), and
after paragraph (gc) insert—.
The Charities Act 2011 is amended as follows.
The following are relevant authorities for the purposes of this Act— Accordingly, Schedule 2 is to be read as if it contained the following paragraphs—
Section 12 does not apply in relation to an NHS trust mentioned in paragraph 3(1)(a), or the trustees for such a trust as mentioned in paragraph 3(1)(b). Paragraph 9 applies in relation to such a body.
Schedule 7 is to be read in accordance with the following sub-paragraphs. In paragraph 2(3) (persons to whom written recommendations must be sent) after paragraph (c) insert—. In paragraph 3(2) (persons to whom public interest reports must be sent) after paragraph (c) omit “and” and insert—. In paragraph 4(8) (means of publicising public interest reports and related notices) after paragraph (c) insert— In the modifications made by this paragraph, “National Health Service Trust Development Authority” is to be construed in accordance with paragraph 9(8).
Section 149 (audit or examination of English NHS charity accounts) is amended as follows. In subsection (2) for “a person appointed by the Audit Commission” substitutea person who— In subsection (3)— After subsection (3) insert— Omit subsection (4). For subsection (5) substitute— Omit subsection (8).
In section 3(9), the definition of “health service body” is to be read as if it contained the following paragraphs—
If an NHS trust fails, or the trustees for an NHS trust fail, to appoint an auditor in accordance with Part 3, the trust or (as the case may be) the trustees must immediately inform the National Health Service Trust Development Authority (“the Authority”) of that fact. If it appears to the Authority that an NHS trust has, or the trustees for an NHS trust have, failed to appoint an auditor in accordance with Part 3, the Authority must inform the Secretary of State of that fact by the end of 25 March in the financial year preceding the financial year to which the accounts to be audited relate. If the Secretary of State has been informed by the Authority under sub-paragraph (2), the Secretary of State may— Those steps are— An appointment under sub-paragraph (4)(b) takes effect— The Secretary of State or the Authority must— But the Secretary of State or the Authority may give a direction or make an appointment under sub-paragraph (4) without having complied with sub-paragraph (6) if the Secretary of State or the Authority thinks it is likely that an auditor would have to exercise a function under this Act in relation to the trust or trustees within the period of 60 days beginning with the day on which the direction is given or the appointment is made. The National Health Service Trust Development Authority is the Special Health Authority established under the National Health Service Trust Development Authority (Establishment and Constitution) Order 2012 (SI 2012/901)).
Section 151 (audit of accounts of larger groups) is amended as follows. In subsection (4)(b), for “a person appointed by the Audit Commission” substitute “ a person, appointed by the charity trustees of the parent charity, who is within section 149(2)(a), (b) or (c) ”. In subsection (6)—
Section 4 is to be read as if after subsection (5) there were inserted— Accordingly, in section 44(1) the definition of “accounts” is to be read as if for “(5)” there were substituted “ (6) ”.
Section 152 (examination of accounts an option for smaller groups) is amended as follows. In subsection (6)—
In section 154(1) (regulations relating to audits and examinations) after paragraph (a) insert—.
As soon as is reasonably practicable after the abolition date, the Secretary of State must publish a report on the discharge of the functions of the Audit Commission. The report must relate to the period— The Secretary of State must lay an annual report published under this paragraph before Parliament. The repeal by this Act of paragraph 14(2) of Schedule 1 to the Audit Commission Act 1998 does not remove the obligation of the Secretary of State to lay copies of an annual report received from the Audit Commission before each House of Parliament if the Secretary of State has not already done so.
In Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975—
omit the entry for the Controller of Audit appointed under paragraph 7(1) of Schedule 1 to the Audit Commission Act 1998, and
omit the entry for any member of the Audit Commission for Local Authorities and the National Health Service in England in receipt of remuneration.
In section 3(4) of the Further Education Act 1985 (duty of local authorities to keep accounts in addition to accounts under Audit Commission Act 1998), for “section 27 of the Audit Commission Act 1998” substitute “ section 3 of the Local Audit and Accountability Act 2014 ”.
In section 5(4) of the Local Government Act 1986 (separate account of expenditure on publicity: application of section 27(1)(e) of the Audit Commission Act 1998 to right of inspection) for “section 27(1)(e) of the Audit Commission Act 1998” substitute “ section 32(1)(e) of the Local Audit and Accountability Act 2014 ”.
The Education Reform Act 1988 is amended as follows.
In paragraph 5 of Schedule 3 to the Environmental Protection Act 1990 (protection of members etc of authorities) omit the words “(other than any liability under section 17 or 18 of the Audit Commission Act 1998 (powers of district auditor and court))”.
Schedule 4A to the Police Act 1996 (further provisions about Her Majesty's Inspectors of Constabulary) is amended as follows. In paragraph 2(2) (duty to consult on inspection programme or inspection framework) omit paragraph (h) (the Audit Commission). In paragraph 3(2) (power to prevent inspection by other person or body) omit paragraph (e) (the Audit Commission). In paragraph 4 (duty to co-operate) omit paragraph (h) (the Audit Commission). In paragraph 6 (assistance for other public authorities)—
Section 23 of the Local Government Act 1999 (accounts of best value authorities) is amended as follows. In subsection (4) omit paragraph (a). In subsection (7) for “an auditor appointed by the Audit Commission” substitute “ a local auditor appointed in accordance with the Local Audit and Accountability Act 2014 or provision made under it ”.
In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices to which the Act applies) omit the entry for the Audit Commission for Local Authorities and the National Health Service in England.
In Part 1 of Schedule 4 to the Anti-terrorism, Crime and Security Act 2001 (extension of existing disclosure powers under other Acts)—
omit paragraph 41 (application to Audit Commission Act 1998), and
after paragraph 53E insert—
The Secretary of State may make one or more schemes for the transfer of property, rights and liabilities of the Audit Commission to a person or persons specified in the scheme. The things that may be transferred under a transfer scheme include— A transfer scheme may make consequential, supplementary, incidental or transitional provision and may in particular— A transfer scheme may, in such cases as may be specified in the scheme, provide for a person's period of employment before the person was employed by the Audit Commission (as well as the person's period of employment by the Audit Commission) to be treated as a period of employment with the transferee for the purposes of the scheme or, if they apply in relation to the transfer, the TUPE regulations. A transfer scheme may provide— In this paragraph—
The Secretary of State may make payments to any person to enable that person to meet—
liabilities arising as the result of provision made under paragraph 5(2) of Schedule 1 to the Audit Commission Act 1998 for the payment of sums by way of pension, allowances or gratuities, or
liabilities under the pension scheme established under paragraph 7(4)(c) of that Schedule.
Section 8 of the Local Government (Contracts) Act 1997 (audit reviews) is amended as follows. In subsection (1)— Omit subsection (2).
In section 124B, omit subsection (5) (duty of certain higher education corporations to consult Audit Commission before appointing auditor in respect of first financial year).
In paragraph 18 of Schedule 7 (higher education corporations)—
omit sub-paragraph (4) (duty of certain higher education corporations to consult Audit Commission before appointing auditor in respect of first financial year),
in sub-paragraph (5) for “that sub-paragraph” substitute “ sub-paragraph (3) above ”, and
“financial year” means—
A local auditor of the accounts of a relevant authority, other than a health service body, may issue a notice under this paragraph (an “advisory notice”) if the auditor thinks that the authority or an officer of the authority— An advisory notice is a notice which— In sub-paragraph (2)(d) “the specified number” means the number of days specified in the notice, which may not be more than 21. For the purposes of this Schedule the actions of the following are to be treated as actions of the relevant authority itself—
Sub-paragraph (2) applies if— The existence of the advisory notice does not affect any remedy in damages which may be available to any person by reason of the relevant authority's failure to complete the contract. No action lies against a local auditor in respect of loss or damage alleged to have been caused by reason of the issue of an advisory notice which was issued in good faith.
References in this Act to a function under this Act or a Part of this Act include a function under regulations under this Act or that Part.
References in this Act to provision made under it include provision made under Part 42 of the Companies Act 2006 as it has effect by virtue of Schedule 5.
References in this Act to an entity connected with a relevant authority or to a connected entity are to be construed in accordance with paragraph 8 of Schedule 4.
References in this Act to the group of people for whom an integrated care board has core responsibility are to be read in accordance with section 14Z31 of the National Health Service Act 2006.
A reference in this Act to a local government elector for any area—
in relation to a Passenger Transport Executive, is a reference to a local government elector for the area of the Integrated Transport Authority or combined authority for the area for which the Executive is established;
in relation to the Broads Authority, is a reference to a local government elector for the area of any participating authority (as defined by section 25 of the Norfolk and Suffolk Broads Act 1988);
in relation to a National Park authority which is the local planning authority for a National Park, is a reference to a local government elector for any area the whole or any part of which is comprised in that Park.
Any function conferred or imposed on the Greater London Authority under or by virtue of this Act is exercisable by the Mayor of London acting on behalf of the Authority.
Subsection (7) does not apply in relation to any function expressly conferred on—
the London Assembly, or
the Mayor of London and the London Assembly acting jointly on behalf of the Greater London Authority.
Any function conferred or imposed on a parish meeting under or by virtue of this Act, other than a function expressly conferred on the parish meeting itself, is exercisable by the chairman of the parish meeting acting on behalf of the authority.
References in this Act to accounts, accounting records or statements of account in relation to the Common Council are to its accounts, accounting records or statements of account so far as relating to—
the collection fund of the Common Council,
the City Fund, or
a pension fund maintained and administered by the Common Council under regulations under section 1 of the Public Service Pensions Act 2013.
For the purposes of this Act, an entity (“E”) is connected with a relevant authority at any time if E is an entity other than the relevant authority and the relevant authority considers that, in accordance with proper practices in force at that time—
the financial transactions, reserves, assets and liabilities of E are to be consolidated into the relevant authority’s statement of accounts for the financial year in which that time falls,
the relevant authority’s share of the financial transactions, reserves, assets and liabilities of E is to be consolidated into the relevant authority’s statement of accounts for that financial year, or
the relevant authority’s share of the net assets or net liabilities of E, and of the profit or loss of E, are to be brought into the relevant authority’s statement of accounts for that financial year.
In subsection (1), “entity” means any entity, whether or not a legal person.
The Secretary of State may by regulations amend subsection (1) or (2).
In subsection (1) as it applies in relation to a health service body, the reference to the relevant authority’s statement of accounts is to be read as a reference to the body’s accounts.
Schedule 12 (related amendments) has effect.
The Secretary of State may by regulations make such consequential, incidental or supplementary provision as the Secretary of State considers appropriate in connection with any provision of, or made under, this Act.
The power in subsection (1) includes power to amend, repeal or revoke any provision of or made under an Act (including this Act) whenever passed or made.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This Act extends to England and Wales only, subject as follows.
An amendment, repeal or revocation made by this Act, other than one mentioned in subsection (3), has the same extent as the relevant part of the Act or instrument amended, repealed or revoked.
Subsection (2) does not apply to the amendment made by section 39(1) (power to require compliance with local authority publicity code), which extends to England and Wales only.
The following provisions of this Act extend to England and Wales, Scotland and Northern Ireland—
section 43 (orders and regulations) so far as it applies to regulations under section 46 or an order under section 49;
section 45 (related amendments) so far as it applies to amendments, repeals and revocations within subsection (2) of this section;
section 46 (power to make consequential provision);
this section;
section 49 (commencement);
section 50 (short title).
The provisions of this Act come into force on such day as the Secretary of State may by order appoint, subject to subsections (2) to (4).
Sections 39 and 40 come into force at the end of the period of 2 months beginning with the day on which this Act is passed.
If this Act is passed before 5 February 2014, section 41 comes into force on the day on which this Act is passed; otherwise that section comes into force on such day as the Secretary of State may by order appoint.
The following provisions come into force on the day on which this Act is passed—
section 43;
section 44;
section 46;
section 48;
this section;
section 50.
An order under this section may—
appoint different days for different purposes or different areas;
make transitional, transitory or saving provision.
Provision under subsection (5)(b) may, in particular, enable a function of the Audit Commission under— to be exercised by a person or body, or by the persons or bodies, specified in the order for a period specified in or determined under the order.
a provision that is amended or repealed by this Act, or
any of sections 139A to 139C of the Social Security Administration Act 1992,
Where provision under subsection (5)(b) made by virtue of subsection (6) enables a function to be exercised by a Minister of the Crown, an order under this section may enable the Minister to delegate the exercise of that function to another person or body or other persons or bodies.
An order under this section which makes provision under subsection (5)(b) by virtue of subsection (6) or (7) may in particular provide for references in an enactment to the Audit Commission to be read as references to the person or body or persons or bodies by whom the function may be exercised.
Provision under subsection (5)(b) may, in particular, provide for the first local auditor appointed by a relevant authority under subsection (1) of section 7 to be appointed on a date later than that specified in that subsection.
In this section “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England.
This Act may be cited as the Local Audit and Accountability Act 2014.
Section 1
Until the coming into force of section 1, in section 1(2) of the Audit Commission Act 1998 (Audit Commission to consist of not less than 10 nor more than 15 members) there is omitted the words “less than 10 nor”.
A local auditor of the accounts of a relevant authority must consider whether, in the public interest, the auditor should make a report on any matter coming to the auditor's notice during the audit and relating to the authority or an entity connected with the authority, so it can be considered in accordance with this Schedule or brought to the public's attention. A report under sub-paragraph (1) is referred to in this Act as a public interest report. A public interest report may be made during or after the end of an audit. A local auditor must notify a relevant authority's auditor panel (if it has one) as soon as is reasonably practicable after making a public interest report relating to the authority or an entity connected with it. A local auditor may recover from a relevant authority— Sub-paragraph (5)(a) applies regardless of whether the report is in fact made.
This Schedule applies to information relating to a particular body or person— This Schedule also applies to information relating to a particular body or person that is obtained by an authority within sub-paragraph (3) in connection with the exercise of the authority's functions under or by virtue of this Act. Those authorities are—
A person who does not fall within paragraph 3 may also disclose information to which this Schedule applies in accordance with consent given by a local auditor under this paragraph. A person requesting consent (“the applicant”) must make a request for consent which— Consent must be given except where the disclosure would, or would be likely to, prejudice the effective performance of a function imposed or conferred on a local auditor by or under an enactment. Consent may be given or refused orally or in writing; but where it is given or refused orally the consent or refusal must be confirmed in writing. A refusal (or, where the refusal is given orally, the confirmation of the refusal) must contain the reasons for the refusal. A local auditor to whom a request for consent is made must give or refuse consent not later than the twentieth working day following the day on which the request is received. “Working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in any part of the United Kingdom.
In section 14 of the Transport Act 1968 (accounts of Passenger Transport Executives), for the subsection (3) that extends to England and Wales substitute—
In section 2(7) of the Local Government, Planning and Land Act 1980 (recommended ways for local authorities to publish information), for paragraph (b) substitute—.
Section 76 of the Transport Act 1985 (audit of accounts of public transport companies) is amended as follows. For subsection (1) substitute— In subsection (2), after “(1)” insert “ or (as the case may be) (1A) ”.
The Airports Act 1986 is amended as follows.
Section 21(3) (general duties of auditors of accounts of special trustees for a hospital) is to be read as if—
for “accounts of special trustees for a hospital” there were substituted “ accounts of a health service body other than a clinical commissioning group ”, and
in paragraph (c)—
for “the special trustees have” there were substituted “ the body has ”, and
for “their” there were substituted “ its ”.
Section 30(2) (referral of health service bodies to certain persons as regards unlawful expenditure or activity) is to be read as if, at the end of paragraph (b), there were inserted, and In the modification made by sub-paragraph (1), “National Health Service Trust Development Authority” is to be construed in accordance with paragraph 9(8).
Section 22 (other local authority capital controls in England and Wales) is amended as follows. For subsection (5) substitute— In subsection (6), after “(5)” insert “ or (as the case may be) (5A) ”.
In section 24(3)(a) (provision of services by principal council for public airport companies: requirement for separate account)—
for “section 14 of the Audit Commission Act 1998 (rights of inspection)” substitute “ section 25 of the Local Audit and Accountability Act 2014 (inspection of statements of accounts etc) ”, and
for “regulations under section 27” substitute “ section 3(3) ”.
“executive” and “executive arrangements” have the same meaning as in Part 1A of the Local Government Act 2000;
As soon as is reasonably practicable after the abolition date, the Secretary of State must prepare— A statement of account under this paragraph must be prepared in accordance with the last direction given by the Secretary of State to the Audit Commission under paragraph 11(1) of Schedule 1 to the Audit Commission Act 1998. The Secretary of State must, as soon as is reasonably practicable after preparing a statement of account under this paragraph, send a copy of it to the Comptroller and Auditor General. The Comptroller and Auditor General must— Sub-paragraph (1)(a) does not apply if the Audit Commission has already sent a copy of the statement of account for that year to the Comptroller and Auditor General. In that case, the repeal by this Act of paragraph 11 of Schedule 1 to the Audit Commission Act 1998 does not remove the obligation of the Comptroller and Auditor General to take the steps specified in that paragraph in relation to the statement of account if the Comptroller has not already done so. In this paragraph “financial year” means the period of 12 months ending with 31st March in any year.
In this Schedule “the abolition date” means the date on which section 1(1) (abolition of Audit Commission) comes into force.
This paragraph applies to the accounts for a financial year of a chief constable for an area. The chief constable must not appoint a local auditor to audit the accounts. The accounts must be audited by the local auditor appointed by the police and crime commissioner for the area to audit the commissioner's accounts for the financial year. The police and crime commissioner must consult and take into account the advice of the commissioner's auditor panel on the selection and appointment of the local auditor.
The Secretary of State may by regulations make provision about—
whether any of the members of a health service body's auditor panel must be independent and, if so, the proportion which must be independent;
whether the chair of a health service body's auditor panel must be independent;
the meaning of “independent” for the purposes of this paragraph.
Where a relevant authority other than a health service body has determined that a committee of that authority should be its auditor panel, the panel when acting as such is not to be treated as a committee of the authority for the purposes of any enactment. Sub-paragraph (1) is subject to provision made by regulations under paragraph 5. References in this paragraph to a committee of a relevant authority include a sub-committee of such a committee.
“parish meeting” means a parish meeting of a parish which does not have a separate parish council;
“public interest report” has the meaning given by paragraph 1(2) of Schedule 7;
Reference Extent of repeal or revocation School Standards and Framework Act 1998 (c. 31) In Schedule 30, paragraph 225. Local Government Act 1999 (c. 27) Section 22(3) to (6). Greater London Authority Act 1999 (c. 29) Section 133. Schedule 8. Local Government Act 2000 (c. 22) Section 91(1). In Schedule 5, paragraph 30. Countryside and Rights of Way Act 2000 (c. 37) In Schedule 13, paragraph 8. Local Government Act 2003 (c. 26) Sections 107 and 108. Sections 110 and 111. In Schedule 7, paragraph 65. Health and Social Care (Community Health and Standards) Act 2003 (c. 43) In Schedule 9, paragraph 12. Fire and Rescue Services Act 2004 (c. 21) In Schedule 1, paragraph 88. Public Audit (Wales) Act 2004 (c. 23) In Schedule 2, paragraphs 21 to 26 and 32 to 38. Freedom of Information (Removal and Relaxation of Statutory Prohibitions on Disclosure of Information) Order 2004 (SI 2004/3363) Article 8. Public Services Ombudsman (Wales) Act 2005 (c. 10) In Schedule 6, paragraph 59. Serious Organised Crime and Police Act 2005 (c. 15) In Schedule 4, paragraph 111. Education Act 2005 (c. 18) In Schedule 14, paragraph 18. Regulatory Reform (National Health Service Charitable and Non-Charitable Trust Accounts and Audit) Order 2005 (SI 2005/1074) Article 4. Health Act 2006 (c. 28) In Schedule 8, paragraphs 39 to 42. Education and Inspections Act 2006 (c. 40) In Schedule 14, paragraphs 26 to 28, 30 and 31. National Health Service (Consequential Provisions) Act 2006 (c. 43) In Schedule 1, paragraphs 186 to 189. Serious Crime Act 2007 (c. 27) Part 1 of Schedule 7. Local Government and Public Involvement in Health Act 2007 (c. 28) Sections 145 and 146. Section 149. Section 151(1). Section 153. Section 155(3). Section 157. Sections 159 to 165. Section 201(5). Schedule 9. Schedule 11. In Schedule 13, paragraph 52. Health and Social Care Act 2008 (c. 14) In Schedule 5, paragraphs 64 to 69. Housing and Regeneration Act 2008 (c. 17) In Schedule 9, paragraphs 20 to 27. Local Transport Act 2008 (c. 26) In Schedule 4, paragraph 61. Government Resources and Accounts Act 2000 (Audit of Public Bodies) Order 2008 (SI 2008/817) Article 4. Offender Management Act 2007 (Consequential Amendments) Order 2008 (SI 2008/912) In Schedule 1, paragraphs 26(2)(c) and (d) and 27(2)(c). Companies Act 2006 (Consequential Amendments etc) Order 2008 (SI 2008/948) In Schedule 1, paragraph 23. London Waste and Recycling Board Order 2008 (SI 2008/2038) Article 21(1). Local Democracy, Economic Development and Construction Act 2009 (c. 20) In Schedule 6, paragraph 89. Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (SI 2009/1941) In Schedule 1, paragraph 173. Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (SI 2010/844) In Schedule 2, paragraph 24. Apprenticeship, Skills, Children and Learning Act 2009 (Consequential Amendments) (England and Wales) Order 2010 (SI 2010/1080) In Schedule 1, paragraph 98. Police Reform and Social Responsibility Act 2011 (c. 13) In Schedule 16, paragraphs 226 to 230. Localism Act 2011 (c. 20) In Schedule 20, paragraph 3. Education Act 2011 (c. 21) In Schedule 5, paragraph 13. Local Government Finance Act 2012 (c. 17) In Schedule 3, paragraph 31. Crime and Courts Act 2013 (c. 22) In Schedule 9, paragraph 62. Health and Social Care Act 2012 (Consequential Amendments) Order 2013 (SI 2013/594) Article 4.
Section 2
A county council in England.
A district council.
A London borough council.
A parish council.
A joint authority established under Part 4 of the Local Government Act 1985.
A Passenger Transport Executive.
The Greater London Authority.
A functional body.
The London Pensions Fund Authority.
The London Waste and Recycling Board.
The Common Council. NOTE: This Act applies to the Common Council only to the extent that it exercises functions in relation to— the collection fund of the Common Council, the City Fund, or a pension fund maintained and administered by the Common Council under regulations under section 1 of the Public Service Pensions Act 2013.
A parish meeting.
The Council of the Isles of Scilly.
Charter trustees.
A port health authority for a port health district that is wholly in England.
The Broads Authority.
A National Park authority for a National Park in England.
A conservation board established by order of the Secretary of State under section 86 of the Countryside and Rights of Way Act 2000.
A police and crime commissioner for a police area in England.
A chief constable for an area in England.
The Commissioner of Police of the Metropolis.
A fire and rescue authority in England constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies.
An integrated care board.
A fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004.
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An NHS trust all or most of whose hospitals, establishments and facilities are situated in England.
An internal drainage board for an internal drainage district that is wholly in England.
An economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009.
A combined authority.
Any person or body exercising functions in relation to an area wholly in England or partly in England and partly in Wales—
which was originally subject to audit provisions contained in an enactment passed before the Audit Commission Act 1998, and
to which the audit provisions of that Act applied by virtue of paragraph 4(1) or 7 of Schedule 4 to that Act immediately before the repeal of section 2(1) of that Act by this Act.
A combined county authority.
A sub-national transport body.
Section 7
If a relevant authority is a local authority operating executive arrangements, the function of appointing a local auditor to audit its accounts is not the responsibility of an executive of the authority under those arrangements. If a relevant authority is a local authority within the meaning of section 101 of the Local Government Act 1972 (arrangements for discharge of functions), that section does not apply to the authority's function of appointing a local auditor to audit its accounts. A local auditor appointed to audit the accounts of the Greater London Authority must be appointed by the Mayor of London and the London Assembly acting jointly on behalf of the Authority. A local auditor appointed to audit the accounts of a parish meeting must be appointed by the parish meeting itself (and not by its chairman on behalf of the parish meeting).
The Secretary of State may by regulations make provision about the appointment of a local auditor to audit the accounts of a relevant authority— Regulations under sub-paragraph (1) may, in particular—
Information to which this Schedule applies may not be disclosed except— This paragraph does not prohibit the disclosure of information if the information is or has been available to the public from any other source. This paragraph does not limit the circumstances in which information may be disclosed apart from this Schedule (and see in particular section 17 of the Anti-terrorism, Crime and Security Act 2001 (extension of disclosure powers under other Acts: criminal proceedings and investigations)).
A person who discloses information in breach of this Schedule is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale. If section 85(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force on or before the day on which this Act is passed—
Schedule A1 to the Prison Act 1952 (further provision about Her Majesty's Chief Inspector of Prisons) is amended as follows. In paragraph 2(2) (duty to consult on inspection programme or inspection framework) omit paragraph (h) (the Audit Commission). In paragraph 3(2) (power to prevent inspection by other person or body) omit paragraph (e) (the Audit Commission). In paragraph 4 (duty to co-operate) omit paragraph (h) (the Audit Commission). In paragraph 6 (assistance for other public authorities)—
In paragraph 12(2)(b) of Schedule 3 to the National Health Service (Wales) Act 2006 (NHS trusts established under section 18 of that Act: reports and other information) omit “section 8 of the Audit Commission Act 1998 (c. 18) or”.
The Local Government and Public Involvement in Health Act 2007 is amended as follows.
In Part 1 of Schedule 19 to the Equality Act 2010 (general list of public authorities to whom public sector equality duty applies) omit the entry for the Audit Commission for Local Authorities and the National Health Service in England.
Section 8(4) (publication of notice of appointment of local auditor) is to be read as if it contained the following paragraphs—
Omit section 148 (Benefit Fraud Inspectorate: transfers to the Audit Commission).
In section 212(7) (entities controlled by local authorities: definitions)—
in the definition of “English local authority” after “England” insert “ , and includes a local authority which exercises functions in relation to an area which is partly in England and partly in Wales ”,
“financial year” means a period for which—
in the definition of “local authority” for paragraph (b) substitute—.
Section 214 (further provision about orders under section 212) is amended as follows. In subsection (1)— Omit subsection (2). In subsection (9) after “qualifying person” insert— “ Welsh local authority; ”. Omit subsection (10).
Omit Schedule 10 (Benefit Fraud Inspectorate: transfer schemes).
The repeals of section 148 of and Schedule 10 to the Local Government and Public Involvement in Health Act 2007 by paragraphs 81 and 84 do not affect— Sub-paragraph (1) is subject to the provisions of a transfer scheme under paragraph 1 of Schedule 1 (transfer of property, rights and liabilities to Audit Commission). In this paragraph “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England.
Section 9
“registered local audit provider” means an individual or firm that is registered in a local audit register.
The auditor panel of a relevant authority (“R”) must be— This sub-paragraph applies to a committee of R (however described) which has not been appointed as an auditor panel if— This sub-paragraph applies to a panel if— References in sub-paragraphs (1) and (2) to a committee of R include a sub-committee of a committee of R. The function of appointing a panel or making a determination under this paragraph is to be exercised in the case of the Greater London Authority by the Mayor of London and the London Assembly acting jointly on behalf of the Authority. The function of appointing a panel or making a determination under this paragraph is to be exercised in the case of a parish meeting by the parish meeting itself (and not by its chairman on behalf of the parish meeting).
The Secretary of State may by regulations make provision about the constitution of an auditor panel. This includes further provision about the matters mentioned in paragraph 2(1) and provision about— The regulations may provide for any of those matters to be determined for a relevant authority's auditor panel by the authority.
A relevant authority must meet the reasonable expenses of its auditor panel incurred by the panel when acting as such.
Section 11 of the Local Government and Housing Act 1989 is amended as follows. In subsection (1)— In subsection (3) (confidentiality of staff records: definitions), in the definition of “relevant body” omit—
The Social Security Administration Act 1992 is amended as follows.
The Noise Act 1996 is amended as follows.
The Greater London Authority Act 1999 is amended as follows.
Schedule 1A to the Criminal Justice and Court Services Act 2000 (further provisions about Her Majesty's Inspectorate of Probation) is amended as follows. In paragraph 2(2) (duty to consult on inspection programme or inspection framework) omit paragraph (h) (the Audit Commission). In paragraph 3(2) (power to prevent inspection by other person or body) omit paragraph (e) (the Audit Commission). In paragraph 4 (duty to co-operate) omit paragraph (h) (the Audit Commission). In paragraph 6 (assistance for other public authorities)—
The Local Government Act 2003 is amended as follows.
In section 16 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 (grants to bodies concerned with accounting standards etc) after subsection (6) insert—
The National Health Service Act 2006 is amended as follows.
In paragraph 9 of Schedule 13 to the Serious Crime Act 2007 (modification of section 32D(8)(b) of the Audit Commission Act 1998 pending increase in magistrates' court sentencing powers) omit paragraph (a).
Until the coming into force of the repeal of Part 5 of the Local Government and Housing Act 1989 by section 216(1) of the Local Government and Public Involvement in Health Act 2007, section 70 of the Local Government and Housing Act 1989 (requirements for companies under control or subject to influence of local authorities) has effect with the following modifications. In each of subsections (2) and (4), for “the Audit Commission Act 1998” substitute “ the Local Audit and Accountability Act 2014 ”. In subsection (5) omit “or of the Audit Commission for Local Authorities and the National Health Service in England,”.
In section 123(8) (unauthorised disclosure of information relating to particular persons: “persons employed in audit” etc)—
after paragraph (jza) insert—, and
omit paragraph (ja).
In section 12 (protection of members etc of authorities) omit subsection (2) (exception for liability under section 17 or 18 of the Audit Commission Act 1998).
In section 7(b) (disqualifications from being an Assembly member that do not trigger a declaration of vacancy) omit sub-paragraph (i) (disqualification under the Audit Commission Act 1998).
Section 21 (accounting practices) is amended as follows. In subsection (4) (enactments to which definition of proper practices applies) omit paragraph (d) (the Audit Commission Act 1998). For subsection (6) (local authorities to which the section applies) substitute—
In Schedule 1A (clinical commissioning groups), in paragraph 17(5), for the words from “Audit Commission Act 1998” to the end substitute “ Local Audit and Accountability Act 2014 ”.
Omit section 139BA (interaction with Audit Commission).
In section 14(4) (application of Act to Northern Ireland), in paragraph (g), for “for subsection (2) there is substituted” substitute “ after subsection (1) there is inserted ”.
In section 9(1)(f) (date of vacancy in Assembly membership in case of disqualification under the Audit Commission Act 1998)—
omit “the Audit Commission Act 1998 or”, and
omit “that Act of 1998 or”.
In section 22 (meaning of “revenue account” for the purposes of certain enactments), for subsection (3) (local authorities to which the section applies) substitute—
Schedule 7 (constitution of public benefit corporations: auditors) is amended as follows.
In section 14(a) (disqualifications from being Mayor that do not trigger a declaration of vacancy) omit sub-paragraph (i) (disqualification under the Audit Commission Act 1998).
In section 24 (by which, in the application of Part 1 to Wales, references to the Welsh Ministers are substituted for references to the Secretary of State), after subsection (1) insert—
Paragraph 23 is amended as follows. In sub-paragraph (3)— In sub-paragraph (4)— Omit sub-paragraph (5). In sub-paragraph (7)—
omit the definition of “the Audit Commission” (and the “and” which follows it), and
in the definition of “firm” for “the Audit Commission Act 1998 (see section 51(3) of that Act)” substitute “ section 1261(1) of the Companies Act 2006 ”.
In section 21(1)(e) (disqualification from election as Assembly member or the Mayor) omit sub-paragraph (ii) and the “or” immediately preceding that sub-paragraph (disqualification under the Audit Commission Act 1998).
Omit section 99 (categorisation of English local authorities by reference to performance).
Paragraph 24 is amended as follows. After sub-paragraph (4) insert— Omit sub-paragraph (5).
In section 125(2) (certification of information)—
omit “in one or both of the following ways”, and
omit paragraph (b) and the “and” which precedes it.
Section 100 (exercise of powers by reference to authorities' performance categories) is amended as follows. Omit subsections (1) and (2). In subsection (3), for “those powers” substitute “ certain powers ”. Omit subsections (4) to (8).
In Schedule 15 (accounts and audit of certain NHS bodies), in paragraph 4—
in sub-paragraph (2) for the words from “Audit Commission Act 1998” to the end substitute “ Local Audit and Accountability Act 2014 ”, and
omit sub-paragraph (4).
Section 134 (summary statement of accounts of Authority and other bodies) is amended as follows. In subsection (4) (application of section 14 of the Audit Commission Act 1998 to summary statement of accounts)— In subsection (5) (disapplication of public inspection etc provisions in Audit Commission Act 1998 in relation to summary statement of accounts), for “Sections 15 to 24 of the Audit Commission Act 1998” substitute “ Sections 26 to 31 of the Local Audit and Accountability Act 2014, and Schedule 8 to that Act ”. In subsection (6) (application of section 27 of the Audit Commission Act 1998 to summary statement of accounts)—
Until the repeal of Chapter 3 of Part 2 of the National Health Service Act 2006 by section 179 of the Health and Social Care Act 2012 is fully in force, Schedule 4 to the National Health Service Act 2006 (NHS trusts) has effect with the following modifications. In paragraph 12 (reports and other information)—
Section 18
Part 42 of the Companies Act 2006 (statutory auditors) applies in relation to local audits as it applies in relation to statutory audits within the meaning of that Part, subject to— For the purposes of this Schedule— The reference in sub-paragraph (1) to Part 42 of the Companies Act 2006—
The general modifications are that— Sub-paragraph (1) does not apply to a provision that—
Omit the following provisions—
Chapter 1 (introductory);
sections 1220 (qualifying bodies and recognised professional qualifications), 1221 (approval of third country qualifications) and 1222 (eligibility of individuals retaining only 1967 Act authorisation);
section 1223A (notification of matters relevant to other EEA States);
sections 1224A (restrictions on disclosure) and 1224B (offence of disclosure in contravention of section 1224A);
Chapter 3 (Auditors General);
Chapter 5 (registered third country auditors);
sections 1253A to 1253F (co-operation with foreign competent authorities);
section 1264 (consequential amendments);
Schedule 11 (recognised professional qualifications);
Schedule 11A (specified persons, descriptions, disclosures etc for purposes of section 1224A);
Schedule 12 (arrangements in which registered third country auditors are required to participate);
Schedule 14 (statutory auditors: consequential amendments).
In section 1212 (individuals and firms: eligibility for appointment as a statutory auditor) omit subsection (2).
For section 1214 (independence requirement) substitute—
In section 1215 (effect of lack of independence) omit subsections (2) to (7).
In section 1216 (effect of appointment of a partnership), after subsection (5) insert—
In section 1217 (supervisory bodies), for subsection (1A) substitute—
For section 1219 (appropriate qualifications) substitute—
After section 1224 insert—
Section 1225 (enforcement: general) applies with the following modifications. In subsection (1)(b), for “any requirement of Part 2 of Schedule 11 is not satisfied” substitute “ any requirement under regulations under section 1219 applying to the qualification is not satisfied ”. In subsection (3), for “paragraph 3 of Schedule 11 (revocation of recognition orders)” substitute “ any power of the Secretary of State to make a revocation order under regulations under section 1219 ”.
In section 1225C(3) (compliance orders) omit “or, in Scotland, the Court of Session”.
In section 1225F(10) (appeals against financial penalties) omit “or, in Scotland, the Court of Session”.
Section 1239 (the register of auditors) applies with the following modifications. In subsection (1) omit paragraph (b) and the “and” preceding it. In subsection (2)— After subsection (4) insert— For subsection (5) substitute— Omit subsection (7). In subsection (8)— After subsection (9) insert—
In section 1240(1)(b) (information to be made available to public), for “audit work” substitute “ local audit work ”.
For section 1248 (Secretary of State's power to require second audit of company) substitute—
For section 1249 (supplementary provision about second audits) substitute—
Section 1250 (misleading, false and deceptive statements) applies with the following modifications. Omit subsection (3). In subsection (5)(b)— In subsection (6)— In each of subsections (7) and (8) omit “, (3)”.
Section 1251 (fees) applies with the following modifications. In subsection (1), after “a recognition order under this Part” insert “ or under regulations under this Part ”. In subsection (2)—
In section 1251A (duty of Secretary of State to report on inspections) omit paragraph (a).
Section 1252 (delegation of the Secretary of State's functions) applies with the following modifications. For subsection (3) substitute— In subsection (4)(b) omit sub-paragraph (ii) and the “and” preceding it. In subsection (6) omit paragraph (b). Omit subsection (7).
In section 1253(5) (delegation of functions to an existing body)—
for “to 22B” substitute “ , 22 ”,
omit “, 23A(1)”, and
omit “or paragraph 1 or 2 of Schedule 12”.
Section 1254 (directions to comply with international obligations) applies with the following modifications. In subsection (1)(a)— For subsection (3) substitute—
omit “, the Independent Supervisor” , and
for “EU obligations” substitute assimilated obligations”.
Section 1256 (time limits for prosecution of offences) applies with the following modifications. In subsection (1) omit “in England and Wales”. Omit subsections (2) to (4). For subsection (5) substitute— In subsection (6) omit “, the Lord Advocate, the Director of Public Prosecutions for Northern Ireland”. In subsection (7) omit the words from “, section 331” to the end.
Section 1257 (jurisdiction and procedure in respect of offences) applies with the following modifications. In subsection (1), in each of paragraphs (a) and (b), after “at any place” insert “ in England and Wales ”. Omit subsections (4) and (5).
Section 1261 (minor definitions) applies with the following modifications. In subsection (1) omit the following definitions— “audit working papers”; “company”; “parent undertaking” and “subsidiary undertaking”; “third country”; “third country auditor”; “third country competent authority”; “transfer”. In subsection (1) — After subsection (1) insert— In subsection (2A), after “EEA State” insert “and subject to the Audit Directive.”.
in the definition of “EEA competent authority”, omit “other than the United Kingdom”, ...
in the definition of “officer”, after “a body corporate” insert “ other than a relevant authority ” and
after the definition of “officer”, insert—.
Section 1262 (index of defined expressions) applies with the following modifications. Omit the following entries— “approved third country competent authority”; “audit working papers”; “audited person”; “Auditor General”; “company”; “enactment”; “main purposes of this Part”; “parent undertaking”; “recognised, in relation to a qualifying body”; “registered third country auditor”; “rules of a qualifying body”; “statutory auditor, statutory audit and statutory audit work”; “subsidiary undertaking”; “third country”; “third country auditor”; “third country competent authority”; “transfer (in relation to audit working papers)”; “UK-traded non EEA company”. enactment section 44(1) of the Local Audit and Accountability Act 2014”; “local audit paragraph 1(2) of Schedule 5 to the Local Audit and Accountability Act 2014”; “local auditor section 4(1)(b) of the Local Audit and Accountability Act 2014”; “local audit work paragraph 1(2) of Schedule 5 to the Local Audit and Accountability Act 2014”; “officer, in relation to a relevant authority section 44(1) of the Local Audit and Accountability Act 2014”; “parish meeting section 44(1) of the Local Audit and Accountability Act 2014”; “recognised qualifying body section 1219(13)”; “relevant authority section 2(1) of the Local Audit and Accountability Act 2014 “specified state” section 1261(1) “specified state auditor” section 1261(1) In the entry for “officer”, after “officer” insert “ , in relation to a body corporate other than a relevant authority ”. In the entry for “qualifying body” for “section 1220(1)” substitute “ section 1219(3)(a) ”. recognised professional qualification section 1219(12)
Schedule 10 (recognised supervisory bodies) applies with the following modifications. Omit the following paragraphs— For paragraph 6 (holding of appropriate qualification) substitute— In paragraph 7 (meaning of control by qualified persons)— After paragraph 7 insert— For paragraph 10A substitute— For paragraph 13 substitute— In paragraph 23 (arrangements for independent monitoring of audits of listed companies and other major bodies)— In paragraph 24 (arrangements for independent investigation for disciplinary purposes of public interest cases)— In paragraph 25(1) (supplementary: arrangements to operate independently of body)— In paragraph 26 (supplementary: funding of arrangements) omit “, 23A”. In paragraph 27 (supplementary: scope of arrangement) omit “, 23A”.
In Schedule 13 (supplementary provision with respect to delegation order)—
in paragraph 9 (legislative functions) omit “(or, in Scotland, sufficient evidence)”, and
in paragraph 10(6) (requirement for auditor of body established by order to be eligible for appointment as statutory auditor), for “a statutory auditor” substitute “ a local auditor, or a statutory auditor in accordance with this Part of this Act as it has effect apart from its application by virtue of Schedule 5 to the Local Audit and Accountability Act 2014 ”.
Section 19
The Comptroller and Auditor General must prepare one or more codes of audit practice prescribing the way in which local auditors are to carry out their functions under this Act. Different codes may be prepared for different relevant authorities (but the Comptroller and Auditor General must ensure that each kind of relevant authority is covered by a code). A code may contain different provision for different relevant authorities. A code must embody what the Comptroller and Auditor General considers to be the best professional practice with respect to the standards, procedures and techniques to be adopted by local auditors. Before preparing a code, the Comptroller and Auditor General must consult—
The Comptroller and Auditor General may prepare a code of audit practice to replace a code published under paragraph 2(3) or sub-paragraph (7). The Comptroller and Auditor General must— Sub-paragraphs (1) and (2) apply regardless of whether the original code has been published with alterations under paragraph 4 in the meantime. A replacement code prepared to comply with sub-paragraph (2) need not make different provision from that made by the original code. After preparing a replacement code, the Comptroller and Auditor General must— If, within the 40-day period, either House of Parliament resolves not to approve the replacement code— If no such resolution is made within that period, the Comptroller and Auditor General must publish the replacement code.
Despite the repeal of section 4 of the Audit Commission Act 1998 by this Act, a provision of a code of audit practice under that section continues in force until it is replaced by a provision of a code of audit practice under this Schedule. A provision of a code under that section is to be read subject to the modifications necessary for it to have effect in relation to the functions of a local auditor under this Act. A code under that section—
In this Schedule “the 40-day period”, in relation to a code laid before Parliament, means the period of 40 days beginning with— In calculating that period, no account is to be taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days.
While an advisory notice has effect, it is not lawful for the relevant authority concerned or any officer of that authority— Sub-paragraph (1) does not apply if— The condition in paragraph (a) of sub-paragraph (2) is met in relation to a parish meeting only if the matters referred to in that paragraph are considered by the parish meeting itself (and not by its chairman on behalf of the parish meeting). An advisory notice takes effect on the day on which a copy of the notice is served on the person to whom it is addressed, and ceases to have effect— A local auditor may recover from a relevant authority— Sub-paragraph (5)(a) applies regardless of whether the notice is in fact issued.
A relevant minister may require a person within sub-paragraph (2) to provide the minister or a person acting on the minister's behalf with such data (and in such form) as the minister or that person may reasonably require for the purpose of conducting data matching exercises. The persons within this sub-paragraph are— “Best value authority” has the meaning given by section 1 of the Local Government Act 1999.
Nothing in paragraph 4 prevents a relevant minister from publishing a report on a data matching exercise (including on the results of the exercise). But the report may not include information relating to a particular body or person if— A report published under this paragraph may be published in such manner as the relevant minister considers appropriate for bringing it to the attention of those members of the public who may be interested.
A relevant minister may by regulations amend this Schedule— The purposes which may be added are— Before making regulations under sub-paragraph (1), a relevant minister must consult— A relevant minister may by regulations amend this Schedule— Before making regulations under sub-paragraph (4), a relevant minister must consult— In this paragraph, “public body” means a body or person whose functions— but, in the latter case, the body or person is a public body only to the extent of those functions.
This Act has effect in accordance with this Schedule until the coming into force of section 179(1) of the Health and Social Care Act 2012, subject to sub-paragraph (2) and any provision made under paragraph 2. This Act has effect in accordance with this Schedule in relation to— until that body has ceased to be constituted as an NHS trust (by virtue of paragraph (a), (b) or (c) of section 179(3) of the Health and Social Care Act 2012).
Section 10(10) (publication of advice of auditor panel) is to be read as if it contained the following paragraphs—
In Schedule 5, paragraph 5 (independence requirement: modification of section 1214 of the Companies Act 2006) is to be read as if the substitution for section 1214 of the Companies Act 2006 provided (in addition to its existing provision) that a director of an NHS trust may not act as a local auditor of—
that NHS trust, or
the trustees for that NHS trust.
The Secretary of State may by order make further transitory or saving provision for the purposes of this Schedule. An order under this paragraph may, in particular, make provision about the audit of— An order under this paragraph may—
After preparing a code of audit practice, the Comptroller and Auditor General must— If, within the 40-day period, either House of Parliament resolves not to approve the code— If no such resolution is made within that period, the Comptroller and Auditor General must publish the code. This paragraph does not apply to a code of audit practice prepared to replace an existing code of audit practice (but see paragraph 5).
A person who is, or acts on behalf of a person who is, a public authority for the purposes of the Freedom of Information Act 2000 may also disclose information to which this Schedule applies unless the disclosure would, or would be likely to, prejudice the effective performance of a function imposed or conferred on the person by or under an enactment. A local auditor, or a person acting on the auditor's behalf, may also disclose information to which this Schedule applies except where the disclosure would, or would be likely to, prejudice the effective performance of a function imposed or conferred on the auditor by or under an enactment.
In this Schedule “enactment” includes—
an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales,
an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, and
an enactment contained in, or in an instrument made under, Northern Ireland legislation.
The Comptroller and Auditor General must keep each code of audit practice under review.
A code of audit practice may be published in such manner as the Comptroller and Auditor General thinks fit. A code comes into force on the day on which it is published under paragraph 2(3) or 5(7) unless it specifies a different commencement date. Alterations to a code come into force on the day on which the code as altered is published under paragraph 4(5) unless it specifies a different commencement date for those alterations. A code may— A code may, in particular, provide that all or part of an existing code of audit practice has effect until all or part of the new code comes into force.
The Comptroller and Auditor General may issue guidance as to the exercise by local auditors of their functions under this Act. Guidance under this paragraph may, in particular, explain or supplement the provisions of a code of practice under this Schedule.
If a local auditor makes a public interest report arising out of the audit of the accounts of a relevant authority, the auditor must send the report to— The local auditor must also send the report— A report required to be sent under sub-paragraph (1) or (2) must be sent as soon as is reasonably practicable after it is made. If a relevant authority to which a report is sent under this paragraph is a health service body, it must take the report into consideration as soon as is reasonably practicable after receiving it. If paragraph 5 applies to a relevant authority to which a report is sent under this paragraph, it must, if required by that paragraph to do so, take the report into consideration in accordance with that paragraph. If a relevant authority to which a report is sent under this paragraph is the Greater London Authority, it must, if required by that paragraph to do so, take the report into consideration in accordance with paragraph 6.
This paragraph applies if— This paragraph does not apply where a local auditor has made a report or recommendation relating to the Commissioner of Police of the Metropolis regardless of whether the Commissioner is connected with the Authority or was so connected at the time to which the report or recommendation relates. The London Assembly (“the Assembly”) must consider the report or recommendation at a meeting. The Mayor of London (“the Mayor”) must attend the meeting. At the meeting, the Assembly must decide what recommendations to make to the Mayor about the decisions to be made under sub-paragraph (6). Having considered the report or recommendation, and the Assembly's recommendations under sub-paragraph (5), the Mayor must decide— The Mayor and the Assembly must comply with sub-paragraphs (3) to (6) before the end of the period of one month beginning with the day on which the report or recommendation was sent to the Authority. If the local auditor is satisfied that it is reasonable to allow more time for the Mayor or the Assembly to comply with sub-paragraphs (3) to (6), the auditor may extend or further extend the period of one month mentioned in sub-paragraph (7). This paragraph does not affect any duties (so far as they relate to the subject-matter of a report or recommendation sent to the Authority) which are imposed by or under—
Where a public interest report or a recommendation is to be considered under paragraph 5 by a relevant authority to which the Public Bodies (Admission to Meetings) Act 1960 applies, the report or recommendation is not to be excluded from the matter supplied under section 1(4)(b) of that Act (supply of agenda etc to newspapers). Part 5A (access to meetings and documents) of the Local Government Act 1972 applies to a meeting of the London Pensions Fund Authority under paragraph 5 as if the Authority were a principal council. Sub-paragraphs (4) to (6) apply in relation to the consideration under paragraph 5 or 6 of a public interest report or a recommendation by a relevant authority to which Part 5A (access to meetings and documents) of the Local Government Act 1972 applies. Information contained in the report or recommendation is not to be treated as exempt information for the purposes of that Part. The report or recommendation is not to be excluded— Part 5A of the Local Government Act 1972 has effect in relation to the report or recommendation as if section 100C(1)(d) of that Act (public access to copies of reports for six years after meeting) were not limited to so much of the report or recommendation as relates to an item during which the meeting was open to the public. Information contained in a public interest report or a recommendation is not to be treated as exempt information for the purposes of any Act or instrument made under an Act that applies in relation to exempt information within the meaning of Part 5A of the Local Government Act 1972. References in this paragraph to a public interest report or a recommendation include any report on the report or recommendation.
Section 24
A local auditor of the accounts of a relevant authority may make a written recommendation to the authority relating to the authority or an entity connected with it, so that the recommendation can be considered under this Schedule. A recommendation may be made during or at the end of an audit. A recommendation must be sent at the time it is made— A local auditor may recover from a relevant authority— Sub-paragraph (4)(a) applies regardless of whether the recommendation is in fact made. In this Act “related authority”, in relation to a connected entity, means the relevant authority with which the entity is connected.
Subject to sub-paragraphs (2) and (4), this paragraph applies to a relevant authority if— This paragraph does not apply to a relevant authority which is itself a connected entity, subject to sub-paragraph (3). This paragraph applies to the Mayor's Office for Policing and Crime where a local auditor has made a report or recommendation relating to the Commissioner of Police of the Metropolis regardless of whether the Office is a connected entity or was such an entity at the time to which the report or recommendation relates. This paragraph does not apply to— The relevant authority must consider the report or recommendation at a meeting held before the end of the period of one month beginning with the day on which it was sent to the authority. At that meeting the relevant authority must decide— Where the relevant authority is a police and crime commissioner , the Mayor’s Office for Policing and Crime , a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004 or the London Fire Commissioner, the authority must, before the end of the period of one month beginning with the day on which the report or recommendation was sent to the authority, decide— If the local auditor is satisfied that it is reasonable to allow more time for the relevant authority to comply with sub-paragraph (5) or (7), the auditor may extend or further extend the period of one month mentioned in that sub-paragraph. This paragraph does not affect any duties (so far as they relate to the subject-matter of a report or recommendation sent to a relevant authority) which are imposed by or under— The Secretary of State may by regulations provide for this paragraph to apply with modifications in relation to a relevant authority specified, or of a description specified, in the regulations. The Secretary of State may by regulations provide for any provisions of the following that do not otherwise apply to a meeting of a relevant authority under this paragraph to apply (with or without modifications) to such a meeting—
If a relevant authority is required to hold a meeting under paragraph 5, it must publish a notice in compliance with sub-paragraphs (2) to (4). The notice must be published— The notice must— The notice must be published before the beginning of the period of 8 days ending with the day of the meeting. The agenda supplied to the members of the relevant authority for the meeting must be accompanied by a copy of the report or recommendation (as the case may be). Sub-paragraph (5) does not apply in relation to a parish meeting. If the London Assembly is required to hold a meeting under paragraph 6, the Greater London Authority must publish on its website a notice in compliance with sub-paragraphs (3) and (4). The agenda supplied to the members of the London Assembly for the meeting must be accompanied by a copy of the report or recommendation (as the case may be). This paragraph applies in addition to any provision made in relation to the relevant authority in question by or under the Public Bodies (Admission to Meetings) Act 1960, the Local Government Act 1972 or any other enactment.
In section 265 of the Public Health Act 1875 (protection of members etc of authorities: exception for liability under section 17 or 18 of the Audit Commission Act 1998), omit the words from “Provided that” to “Audit Commission Act 1998”.
The Local Government Act 1972 is amended as follows.
In section 115 of the Building Act 1984 (protection of members etc of authorities) omit subsection (3) (exception for liability under section 17 or 18 of the Audit Commission Act 1998).
In section 75 of the Housing Associations Act 1985 (general functions) omit subsections (1A) and (1B) (function of the Housing Corporation of giving assistance to the Audit Commission).
The Housing and Regeneration Act 2008 is amended as follows.
In section 86(1)(b) (disqualifications from being local authority member that do not trigger a declaration of vacancy), for the words from “under the Audit Commission Act 1998” to “or by virtue of” substitute “ under section 79 of the Local Government Act 2000 or section 34 of the Localism Act 2011 or by virtue of ”.
Omit section 106A (co-operation between the Regulator of Social Housing and the Audit Commission).
In section 87(1)(d) (date of vacancy in local authority membership in case of disqualification under the Audit Commission Act 1998)—
for the words from “under the Audit Commission Act 1998” to “or by virtue of a” substitute “ by virtue of a ”, and
omit “relevant order or decision under that Act or (as the case may be) that”.
In section 128(4)(a) (duty of local authority which is registered provider of social housing to send reports under section 8 of the Audit Commission Act 1998 to the Regulator), for “any immediate report under section 8 of the Audit Commission Act 1998 (immediate and other reports in the public interest)” substitute “ any report under paragraph 1 of Schedule 7 to the Local Audit and Accountability Act 2014 (public interest reports) ”.
In section 137(7A) (requirement for separate account for expenditure under that section)—
for “section 14 of the Audit Commission Act 1998 (rights of inspection)” substitute “ section 25 of the Local Audit and Accountability Act 2014 (inspection of statements of accounts etc) ”, and
for “regulations under section 27” substitute “ section 3(3) ”.
In section 196(1) (duty of Regulator to consult listed bodies before setting standards etc) omit paragraph (d) (the Audit Commission).
Section 246(15) of the Local Government Act 1972 continues to have effect with the amendment made by paragraph 5(5) of Schedule 5 to the Local Government Finance Act 1982, that is with the substitution for “Sections 154 to 168 above” of “Section 168 above”.
In section 197(4) (duty of Secretary of State to consult listed bodies before giving direction to Regulator) omit paragraph (c).
In section 201 (arrangements by Regulator for inspections by third party) omit subsection (7A) (inspections treated as carried out by regulator for purposes of Schedule 2A to the Audit Commission Act 1998).
Section 210A (extraordinary report: local authorities) is amended as follows. In subsection (1), for the words from “the Audit Commission” to the end substitute “ the regulator may require the local authority to allow its accounts, so far as they relate to the provision of social housing, to be audited by a local auditor appointed by the regulator. ” After subsection (1) insert— Omit subsections (2) and (3). In subsection (4) for “Audit Commission's costs of preparing the report” substitute “ costs of the audit (including the local auditor's remuneration) ”. For subsection (5) substitute— In the heading, for “report” substitute “ audit ”.
In section 249(1) (management transfer) after “section 210” insert “ or 210A ”.
Section 29
Section 33
Section 34
The Local Government Act 1999 is amended as follows.
For section 10 substitute—
In section 11(7) (powers and duties: definition of “inspector”), for paragraph (a) substitute “ an inspector or assistant inspector appointed under section 10(1) or (2). ”
For section 12 substitute—
Section 13 (reports) is amended as follows. In subsection (1)— In subsection (2)(a), for “Commission” substitute “ inspector ”. In subsection (3)— After subsection (3) insert— In subsection (4)— In subsection (4A)—
In section 15 (Secretary of State's powers)—
omit subsection (10), and
in subsections (11) and (12) omit “or (10)”.
Omit section 22(1) (Audit Commission).
In section 25(2) (coordination of inspections: persons to whom the section applies), for paragraph (a) substitute—.
Omit section 26(3) (consultation with Audit Commission before issuing guidance).
In section 33 (grants to Audit Commission and Wales Audit Office) omit subsections (2) and (3)(a).
On the coming into force of the repeal (by the Welfare Reform Act 2012) of section 139D of the Social Security Administration Act 1992 omit—
section 13(4A) of the Local Government Act 1999, and
the amendments made to it by paragraph 5(7) of this Schedule.
Section 36
Section 45
The Health and Social Care (Community Health and Standards) Act 2003 is amended as follows.
The Police Reform and Social Responsibility Act 2011 is amended as follows.
In section 95 (studies as to economy, efficiency etc), omit subsection (4).
In section 18(7) (delegation of functions by police and crime commissioners: exceptions), after paragraph (f) insert—
In section 148 (interpretation of Part 2) omit the definition of “the Audit Commission”.
In section 19(7) (delegation of functions by Mayor's Office for Policing and Crime: exceptions), after paragraph (h) insert—
Article 4D of the Audit and Accountability (Northern Ireland) Order 2003 (disclosure of results of data matching etc) is amended as follows. In paragraph (2)(b) after “body”, in each place, insert “ or person ”. In paragraph (3) after “bodies” insert “ and persons ”. In that paragraph, for sub-paragraph (a) substitute—. In paragraph (4) after “body”, where it first occurs, insert “ or person ”. In paragraph (6)(b) for paragraph (ii) substitute—.
In section 20(4) of the Children Act 2004 (joint area review: persons to whom that section applies) omit paragraph (e).
“the Common Council” means the Common Council of the City of London;
Chapter 3 of Part 2 of the Local Democracy, Economic Development and Construction Act 2009 (audit of entities connected with local authorities) is amended as follows.
Section 36 (overview of Chapter) is amended as follows. In subsection (1)— Omit subsections (2) and (4). In subsection (6)(b) omit “section 27 of the Audit Commission Act 1998 (c. 18) or”.
In section 37 (notification duties of local authorities) omit subsection (1).
Section 38 (power to appoint auditor) is amended as follows. In subsection (1), for “an audit authority” substitute “ the Auditor General for Wales ”. In subsection (3)(b)(ii)— Omit subsection (4). In subsection (6), for “appointing audit authority” substitute “ Auditor General for Wales ”. Omit subsection (7). In subsection (8), for “appointing audit authority” substitute “ Auditor General for Wales ”.
Section 39 (power to appoint replacement auditor) is amended as follows. In subsection (1) for “an audit authority” substitute “ the Auditor General for Wales ”. For the remaining references to “audit authority” substitute “ Auditor General for Wales ”.
Section 40 (exclusions from power to appoint auditor) is amended as follows. In subsection (1), for “An audit authority” substitute “ The Auditor General for Wales ”. In each of subsections (2) to (4), for “appointing audit authority” substitute “ Auditor General for Wales ”. In subsection (5) for “audit authority” substitute “ Auditor General for Wales ”.
In section 41(1) (persons who may be appointed as auditor)—
in paragraph (a), for “appointing audit authority” substitute “ Auditor General for Wales ”, and
in paragraph (b), for “that authority” substitute “ the Auditor General for Wales ”.
Section 42 (terms of appointment of auditor) is amended as follows. In subsection (5), for “appointing audit authority” substitute “ Auditor General for Wales ”. Omit subsection (6).
Section 43 (right of entity to appoint auditor to conduct statutory audit) is amended as follows. In each of subsections (3), (5) and (7), for “audit authority” substitute “ Auditor General for Wales ”. In subsection (8)—
In section 44(5)(b) (functions of auditor not appointed to conduct statutory audit: duty to send report to appointing audit authority), for “appointing audit authority” substitute “ Auditor General for Wales ”.
In section 45(4)(b) (duty of auditor to send public interest report to audit authority), for “audit authority” substitute “ Auditor General for Wales ”.
In section 46 (codes of practice) omit subsections (1) to (3).
Section 50 (fees for appointment of auditor) is amended as follows. Omit subsection (1). In subsection (3), for “Audit Commission or the Wales Audit Office (as the case may be)” substitute “ Wales Audit Office ”. Omit subsection (4). In subsection (5)— In subsection (6), for “Audit Commission or the Wales Audit Office (as the case may be)” substitute “ Wales Audit Office ”. Omit subsections (8) and (9). In subsection (12)—
Section 51 (power of audit authority to require information) is amended as follows. In the heading, for “audit authority” substitute “ Auditor General for Wales ”. In subsection (1)— In subsection (2)—
Omit section 52 (subsidiaries of Passenger Transport Executives).
Section 53 (regulations) is amended as follows. In subsection (1), for “36(4)(b) or (5)(b)” substitute “ 36(5)(b) ”. Omit subsection (4). In subsection (5) omit “made by the Welsh Ministers”.
In section 54(1) (interpretation) omit the definitions of “audit authority”, “Audit Commission” and “qualifying English local authority entity”.
Section 47
A person (“P”) may not act as a local auditor if any of subsections (2), (4), (5) or (6) applies in relation to P and the relevant authority whose accounts are to be audited.
This subsection applies if—
P is a member or officer of the relevant authority,
where the relevant authority is a corporation sole, P is the holder of that office,
P is a partner or employee of a person within paragraph (a) or (b), or
P is a partnership of which a person within paragraph (a) or (b) is a partner.
In relation to a relevant authority that is an integrated care board, subsection (2)(a) has effect as if “or officer” were omitted.
This subsection applies if—
the relevant authority is an NHS trust, and
P is a director of that NHS trust.
This subsection applies if P is—
a person elected or appointed—
as an entity connected with the relevant authority,
to such an entity, or
to an office of such an entity,
an employee of such an entity,
a partner or employee of a person within paragraph (a) or (b), or
a partnership of which a person within paragraph (a) or (b) is a partner.
This subsection applies if there exists a connection of a prescribed description between P and the relevant authority.
In subsection (6), “prescribed” means prescribed by regulations made by the Secretary of State.
A description of connection prescribed under subsection (6) may be direct or indirect (and so may involve, for instance, chains of connection leading from the relevant authority to P by way of one or more interposed persons).
Subsection (2) applies if, at any time during the term of office of a local auditor, the auditor becomes prohibited from acting by section 32B.
The auditor must immediately—
resign from office (with immediate effect), and
give notice in writing to the relevant authority concerned that the auditor has resigned by reason of lack of independence.
This section applies where a person appointed as a local auditor of the accounts of a relevant authority (“the first auditor”) was not an eligible person for any part of the period during which the audit was conducted.
The Local Audit Office may direct the relevant authority to retain an eligible person—
to conduct a second audit of the accounts in question, or
to review the first audit and to report (giving reasons) on whether a second audit of those accounts is needed.
If a report under subsection (2)(b) states that a second audit is needed, the relevant authority must take such steps as are necessary for the carrying out of that audit.
If the first auditor is or was on a local audit register kept by an external registration body—
the Local Audit Office must send to that body a copy of any direction under subsection (2), and
the relevant authority must send to that body a copy of any report under subsection (2)(b).
A direction under subsection (2) may specify when the authority must comply with—
the requirements of the direction, or
any requirement of subsection (3) or (4)(b).
A person appointed under this section to conduct a second audit of the accounts of a parish meeting, or to review and report on the first audit of such accounts, must be appointed by the parish meeting itself (and not by its chairman on behalf of the parish meeting).
Where a second audit is carried out under this section, any statutory or other provision applying in relation to the first audit applies also, so far as practicable, in relation to the second audit.
If the first auditor accepted appointment, or acted as the local auditor, with knowledge of not being an eligible person, the relevant authority may recover from the first auditor any costs incurred by it in complying with the requirements of this section.
For the purposes of this section, a person is “eligible” if the person—
is a registered local audit provider or the Local Audit Office, and
is not prohibited by section 32B from acting as the local auditor of the relevant authority concerned.
This section applies where a partnership constituted under the law of— is appointed as a local auditor under section 6G or 7.
England and Wales,
Northern Ireland, or
any other country or territory in which a partnership is not a legal person,
Unless a contrary intention appears, the appointment is an appointment of the partnership as such and not of the partners.
Where the partnership ceases, the appointment is to be treated as extending to—
any appropriate partnership which succeeds to the practice of that partnership, or
any other appropriate person who succeeds to that practice having previously carried it on in partnership.
For the purposes of subsection (3)—
a partnership is to be regarded as succeeding to the practice of another partnership only if the members of the successor partnership are substantially the same as those of the former partnership, and
a partnership or other person is to be regarded as succeeding to the practice of a partnership only if the partnership or person succeeds to the whole or substantially the whole of the business of the former partnership.
Where the partnership ceases and the appointment is not treated under subsection (3) as extending to any partnership or other person, the appointment may with the requisite consent be treated as extending to an appropriate partnership, or other appropriate person, that succeeds to—
the business of the former partnership, or
such part of it as is agreed by the appointing authority is to be treated as comprising the appointment.
The requisite consent is that of—
the Local Audit Office, where the relevant authority to which the appointment relates is not a health service body, or
where that authority is a health service body, the body.
For the purposes of this section, a partnership or other person is “appropriate” if the partnership or person—
is a registered local audit provider, and
is not prohibited by section 32B from acting as the local auditor of the relevant authority concerned.
A relevant authority must comply with any written request by the Local Audit Office to be provided with information.
Such a request may relate to information as it exists in the future (for instance, information about a future occurrence once it has occurred or about a future period once it has elapsed).
The Office may make such a request only if the Office reasonably requires the information concerned in connection with the performance of its functions.
This section applies to a person who, further to arrangements made for the purposes of paragraph 9 or 10 of Schedule 1C, carries out an inspection or investigation concerning the audit under this Act of the accounts of a relevant authority.
The person may require the relevant authority to make available for inspection—
the accounts concerned, and
the other documents relating to the authority that might reasonably be required by a local auditor for the purposes of auditing its accounts.
The Local Audit Office must, at least once in every calendar year, publish a report containing a summary of the results of the inspections of registered local audit providers that have been carried out further to arrangements made for the purposes of paragraph 9 of Schedule 1C.
It is an offence for a person knowingly or recklessly to provide information that is false, misleading or deceptive in a material way—
for the purposes of, or in connection with, an application under the local audit provisions, or
in purported compliance with any requirement having effect under those provisions.
In subsection (1), “the local audit provisions” means—
Parts 2A to 5A of this Act (including any regulations under any of those Parts),
an agreement under section 6B(5), and
registration rules within the meaning of paragraph 3 of Schedule 1C.
A person who commits an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).
It is an offence for a person who is not a registered local audit provider to—
describe themselves as a registered local audit provider, or
hold themselves out so as to indicate, or be reasonably understood to indicate, that they are a registered local audit provider.
It is an offence for a person who is not an external registration body to—
describe themselves as an external registration body, or
hold themselves out so as to indicate, or be reasonably understood to indicate, that they are an external registration body.
It is an offence for a person who is not a recognised qualifying body to—
describe themselves as a recognised qualifying body, or
hold themselves out so as to indicate, or be reasonably understood to indicate, that they are a recognised qualifying body.
A person who commits an offence under this section is liable on summary conviction to imprisonment for a term not exceeding the maximum term for summary offences or a fine (or both).
In subsection (4), “the maximum term for summary offences” means—
if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, six months;
if the offence is committed after that time, 51 weeks.
Section 1A(2)
The Local Audit Office is to consist of— The Secretary of State and the Office must, so far as practicable, exercise their powers so as to ensure that the number of non-executive members is at all times greater than the number of executive members.
The non-executive members (including the Chair) are to be appointed by the Secretary of State. An employee of the Office may not be appointed. Appointment is to be for a fixed term not exceeding 5 years. An individual may be appointed no more than twice. Subject to the other provisions of this Schedule, an individual is to hold office as a non-executive member in accordance with the terms of the individual’s appointment. A non-executive member may resign by giving written notice to the Secretary of State. The Secretary of State may by written notice remove a non-executive member from office on the grounds that— A non-executive member who becomes an employee of the Office ceases to be a non-executive member.
The Local Audit Office must make, or make provision for, such of the following payments (in such amounts and in such circumstances) as the Secretary of State may determine. The payments are those of— The Secretary of State may determine that a payment within sub-paragraph (2)(b) is to be made only in a case where the Secretary of State considers there to be special circumstances.
The Local Audit Office must employ an individual to act as its chief executive officer. That individual— The Office must consult the Secretary of State before appointing the Controller.
The Local Audit Office may from time to time— The Office must consult the Secretary of State before making or revoking a designation. An individual employed by the Office in a designated role is by virtue of that employment an executive member of the Office.
The Local Audit Office may employ staff and make other arrangements for its staffing. That employment, or those arrangements, may be on whatever terms the Office considers appropriate (including terms as to remuneration, pensions or other financial matters). The Secretary of State may from time to time— The Office may not make a payment in respect of an individual’s service in a designated role except in accordance with an agreement whose terms, so far as they relate to such payments, have been approved by the Secretary of State.
The Local Audit Office may appoint committees. A committee of the Office may appoint sub-committees. Members of a committee or sub-committee do not have to be members of the Office. Members of a sub-committee do not have to be members of the appointing committee. The Office may pay such remuneration and allowances as it may determine to any person who—
The Local Audit Office may (subject to sub-paragraph (5)) delegate any of its functions to— A committee may delegate any of its functions to— A sub-committee may delegate any of its functions to— A delegation under this paragraph— The Office may not delegate its function of—
The Local Audit Office may determine its own procedure (including quorum) and that of its committees and sub-committees. The validity of any proceedings of the Office is not affected by any vacancy or defective appointment.
The Local Audit Office may do anything it thinks appropriate for the purposes of, or in connection with, its functions.
The Local Audit Office is not to be regarded— The Office’s property is not to be regarded as property of, or property held on behalf of, the Crown. Service as a member, or a member of staff, of the Office is not service in the civil service of the State.
The application of the Local Audit Office’s seal must be authenticated by a signature of— A document purporting to be duly executed under the Office’s seal or signed on its behalf—
The Local Audit Office must— The Office must send a copy of each statement of accounts to the Secretary of State and the Comptroller and Auditor General as soon as practicable after the end of the financial year to which the statement relates. The Comptroller and Auditor General must— The Secretary of State must lay before Parliament a copy of each such report and certified statement.
The Local Audit Office must have— The business plan is to relate to a single financial year and is to be published before the start of that year. The corporate strategy is to relate to a period of between 3 and 5 years and must be published before the expiry of the previous strategy. The Office may revise its business plan or corporate strategy, and must publish any revision.
As soon as reasonably practicable after the end of each financial year, the Local Audit Office must prepare and adopt a report on the exercise of its functions during that financial year. The Office must send the report to the Secretary of State. The Secretary of State must lay the report before Parliament.
Section 6B(7)
An external registration body must comply with any written request by the Local Audit Office to be provided with information. Such a request may relate to information as it exists in the future (for instance, information about a future occurrence once it has occurred or about a future period once it has elapsed). The Office may make such a request only if the Office reasonably requires the information concerned in connection with the performance of its functions.
If the Local Audit Office considers that an external registration body has failed to comply with a requirement under— the Office may give the body a direction under this paragraph. A direction under this paragraph is one directing the body to take steps that the Office considers will— Such a step— A direction under this paragraph must—
If the Local Audit Office considers that an external registration body has failed to comply with a requirement under— the Office may impose a financial penalty on the body. A financial penalty is imposed by giving the body a written notice requiring the body to pay the Office a financial penalty of a sum specified in the notice. Such a notice must— An external registration body must, as soon as practicable after the end of a financial year, notify the Office of its total income in that year from fees charged under section 6A(5). The amount of a penalty imposed on a body under this paragraph may not exceed 30% of the sum last notified by the body under sub-paragraph (4).
Before giving a direction under paragraph 2 or imposing a penalty under paragraph 3, the Local Audit Office must— A notice of intent is a notice that— Where the Office has given a direction under paragraph 2 or imposed a penalty under paragraph 3, the Office may by written notice given to that body— The Office must publish— But it must do so only after the direction or penalty can no longer be cancelled or varied on appeal (ignoring any possibility of an appeal out of time). If a penalty imposed under paragraph 3 is not paid in time—
An external registration body may appeal to the High Court against a direction given to it under paragraph 2 or a penalty imposed on it under paragraph 3. The grounds on which an appeal may be brought are— If satisfied that any of those grounds is made out, the court must allow the appeal and do whichever of the following it considers appropriate— Otherwise, the court must dismiss the appeal. The court may—
This paragraph applies if the High Court is satisfied, on an application by the Local Audit Office, that an external registration body has failed to comply with a requirement under— The court may order the body to take steps that the court considers will secure that the requirement in question is complied with. Such a step— This court may not make an order under this paragraph in respect of the requirement to comply with a direction under paragraph 2 unless it is satisfied that the failure of compliance on the ground of which the direction was given did in fact occur.
If it appears to the Secretary of State or the Local Audit Office— the Secretary of State or the Office may direct the body not to take or, as the case may be, to take the action in question. A direction under this paragraph— A direction under this paragraph is enforceable by injunction issued by the High Court on the application of the Secretary of State or the Office.
No person within sub-paragraph (2) is to be liable in damages for anything done or omitted in the discharge or purported discharge of functions to which this sub-paragraph applies. The persons within this subsection are— Sub-paragraph (1) applies to the functions of an external registration body so far as relating to, or to matters arising out of, any of the following— Guidance or a recommendation is within this sub-paragraph if— including any guidance or recommendation relating to entry in or removal from the register or list. Sub-paragraph (1) does not apply—
Section 6C(1)
The following paragraphs set out the requirements that have effect in relation to a local audit register as provided by section 6C(1). In this Schedule as it applies in relation to a given register—
The registration body must have in place— The procedures must allow for appeals to be made to a person who will determine the appeal independently of the maker of the decision appealed against.
The registration body must secure that each provider is bound by rules determined by the body. Those rules are referred to in this Schedule as “registration rules”. Any changes in the body’s registration rules after its designation must be approved by the Local Audit Office. The body must have arrangements for taking account, in framing its registration rules, of the cost to providers of complying with those rules and any other controls to which they are subject.
The criteria and procedures in place under paragraph 2 must be designed to secure that— See Part 1 of Schedule 1D for the requirements referred to in sub-paragraph (1).
The registration rules must include rules designed to secure that— The criteria and procedures in place under paragraph 2 must be designed to secure that a firm— The arrangements within this sub-paragraph are arrangements to prevent a person to whom sub-paragraph (4) applies from being able to exert any influence over the way in which an audit under this Act is conducted in circumstances in which that influence would be likely to affect the independence or integrity of the audit. This sub-paragraph applies to—
The registration body must secure that the register includes, for each provider that is a firm, a list of the individuals who may act as the lead partner for an audit carried out by the firm. The registration body must have arrangements designed to secure that an individual appears in the list only if the individual— Any changes in the body’s lead partner rules after its designation must be approved by the Local Audit Office. The registration body must have lead partner rules designed to secure that individuals acting as lead partners for audits under this Act maintain high standards of professional conduct.
The registration body must have effective arrangements for the investigation of complaints against providers, so far as relating to their work in connection with audits under this Act. The registration body must have effective arrangements for the investigation of complaints against itself, so far as relating to its functions as a registration body.
The registration body must have in place registration rules or other arrangements designed to secure that providers take such steps as may reasonably be expected of them to secure that they are able to meet claims against them arising out of their work in connection with audits under this Act. This may be achieved by professional indemnity insurance or other appropriate arrangements.
The registration body must have in place— The arrangements relating to inspections must be designed to secure that each provider is inspected at least once every 6 years. Those arrangements must include—
The registration body must have in place— In sub-paragraph (1), “breaches” means breaches of requirements imposed by or under this Act (including by registration rules or lead partner rules). The available sanctions must include financial penalties. The arrangements and rules must allow for appeals to be made to a person who will determine the appeal independently of the maker of the decision appealed against. The arrangements and rules must allow for the Local Audit Office to be able— For the purposes of sub-paragraph (5), the Office assumes enforcement responsibility if it assumes responsibility for the final decision (subject to any appeal) as to—
The registration rules must require a provider to comply with any written request for the provision of information made by the registration body or (if different) the Local Audit Office for the purposes of its functions. The registration rules must require a provider to comply with any general directions published from time to time by the Local Audit Office regarding the publication of information about providers. That information may, for instance, include information regarding—
Section 6D
This paragraph applies for the purposes of paragraph 4(1)(a) of Schedule 1C. An individual meets the qualification requirement if the individual—
This paragraph applies for the purposes of paragraphs 4(1)(b) and 6(2)(a) of Schedule 1C. A firm meets the qualified control requirement if— The following provisions apply for the purposes of sub-paragraph (2). An individual is a qualified person if the individual— A firm is a qualified person if the firm— A majority of the members of a firm means— A majority of the members of the management body of a firm means— Paragraphs 5 to 11 of Schedule 7 to the Companies Act 2006 (rights to be taken into account and attribution of rights) apply for the purposes of sub-paragraphs (6) and (7) as they apply for the purposes of section 1162 of that Act.
The Secretary of State may by regulations provide for a qualification to be an appropriate qualification for the purposes of paragraphs 1 and 2 if— The regulations may, in particular, provide for a qualification to be an appropriate qualification if it is recognised in accordance with the regulations. Regulations under this paragraph that contain provision under sub-paragraph (2) may in particular— The requirements that may be specified for a qualification to be an appropriate qualification or to be the subject of a recognition order include, in particular, requirements as to— Regulations under this paragraph may in particular— In this paragraph, “specified” means specified in regulations under this paragraph.
An individual falls within this paragraph if any of the following sub-paragraphs applies in respect of the individual. This sub-paragraph applies where the individual holds an appropriate qualification for the purposes of Chapter 2 of Part 42 of the Companies Act 2006 (eligibility of individuals and firms to act as statutory auditors) (see section 1219 of that Act). This sub-paragraph applies where, immediately before 16 December 2014, the individual was qualified for appointment as an auditor under section 3 of the Audit Commission Act 1998 by virtue of the individual’s membership of a body listed in subsection (7) of that section. This sub-paragraph applies where—
An individual falls within this paragraph if any of the following sub-paragraphs applies in respect of the individual. This sub-paragraph applies where the individual— This sub-paragraph applies where the individual is a specified state auditor who— This sub-paragraph applies where the individual is an EEA auditor who, on or before 31 December 2020, was eligible for appointment as a local auditor by virtue of paragraph 6(1)(b) of Schedule 10 to the Companies Act 2006 as substituted by paragraph 28(3) of Schedule 5 to this Act. This sub-paragraph applies where the individual has been authorised to act as a local auditor pursuant to the European Communities (Recognition of Professional Qualifications) Regulations 2007 (S.I. 2007/2781), and complies with the requirements of those Regulations that apply to a person acting as a local auditor. In this paragraph—
In this Act, “recognised qualifying body” means a body that offers a qualification that is an appropriate qualification by virtue of regulations under paragraph 3(1) of Schedule 1C.
The Secretary of State may by regulations provide for the payment of fees by a body in respect of its—
making an application that would result in its becoming a recognised qualifying body, or
becoming such a body further to an application made by it, or
remaining such a body, having become so further to an application made by it.
If it appears to the Secretary of State— the Secretary of State may direct the body not to take or, as the case may be, to take the action in question. A direction under this paragraph may include such supplementary or incidental requirements as the Secretary of State thinks necessary or expedient. A direction under this paragraph is enforceable by injunction by the High Court on the application of the Secretary of State.
The Secretary of State may by regulations— Regulations under this paragraph do not have the effect that— Where regulations under this paragraph apply to the making of regulations under paragraph 7—