Audit (Miscellaneous Provisions) Act 1996

Year1996


Audit (MiscellaneousProvisions) Act 1996

1996 CHAPTER 10

An Act to extend the functions of the Audit Commission for Local Authorities and the National Health Service in England and Wales to alter the financial year of that Commission and of the Accounts Commission for Scotland to make provision about the manner of publication of certain information required to be published in pursuance of a direction of either Commission and to repeal paragraph 5(4) of Schedule 3 to the Local Government Finance Act 1982.

[29th April 1996]

Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Audit Commission: extension of functions, etc.

Audit Commission: extension of functions, etc.

S-1 Collaborative studies of social services.

1 Collaborative studies of social services.

(1) After section 28 of the Local Government Finance Act 1982 insert—

S-28AA

28AA ‘Collaborative studies of social services.

(1) At the request of the Secretary of State, the Commission may assist the Secretary of State in any study designed to improve economy, efficiency, effectiveness and quality of performance in the discharge of social services functions by local authorities.

(2) In this section ‘social services functions’ means—

(a) any function under any enactment for the time being specified in Schedule 1 to the Local Authority Social Services Act 1970 ; and

(b) any function for the time being designated by an order made by the Secretary of State under section 2(2) of the 1970 Act as being appropriate for discharge through a local authority's social services committee.

(3) In the following provisions of this section ‘study’ means a study of a description mentioned in subsection (1) above.

(4) If the Commission require—

(a) any local authority included in a study, or

(b) any officer or member of such an authority,

to supply the Commission or an authorised person with such information as is needed for the purposes of the study, the authority or officer or member shall supply the information.

(5) If the Commission require any local authority included in a study to make available for inspection by the Commission or an authorised person documents which relate to the authority and are needed for the purposes of the study, the authority shall make the documents available.

(6) Any information obtained under a requirement under subsection (4) or (5) above may be disclosed by the Commission to the Secretary of State for the purposes of any functions of his which are connected with the discharge of social services functions by local authorities.

(7) In subsections (4) and (5) above ‘authorised person’ means a person authorised by the Commiss ion for the purposes of this section.

(8) Any report of a study in which the Commission assists the Secretary of State shall be published by the Secretary of State in conjunction with the Commission.

(9) The Commission shall not provide assistance under subsection (1) above unless before it does so the Secretary of State has agreed to pay the Commission an amount equal to the full costs incurred by t he Commission in providing the assistance.’

(2) This section shall come into force at the end of the period of two months beginning with the day on which this Act is passed.

S-2 Consequential amendments.

2 Consequential amendments.

(1) In section 30 of the Local Government Finance Act 1982 insert—

(1A) Subsection (1) above is subject to section 28AA(6).’

(2) In Schedule 3 to the 1982 Act (the Audit Commission) in paragraph 9(2) (income and expenditure with respect to functions in relation to health service bodies and in relation to other bodies to be managed separately) for the words from ‘the functions’ to the end substitute‘—

(a) the functions of the Commission under section 28AA of this Act in relation to the discharge of social services functions

(b) its functions in relation to health service bodies and

(c) its otherfunctions.’

Financial years of the Commissions

Financial years of the Commissions

S-3 Financial year of Audit Commission.

3 Financial year of Audit Commission.

(1) In section 36 of the Local Government Finance Act 1982 insert—

(1A) In this Part of this Act ‘financial year’ means the period of 12 months ending with 31st October in any year.’

(2) At the beginning of subsection (2) of that section (application of certain interpretation provisions of Local Government Act 1972 ) insert...

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