House of Commons Amendments

Session 2013 - 14
Internet Publications
Other Bills before Parliament

Public Bill Committee: 19 November 2013
128

Local Audit and Accountability Bill-[Lords], continued

Brandon Lewis

132

Schedule  12,  page  88,  line  24,  leave out paragraph 54 and insert—

‘   (1)
Article 4D of the Audit and Accountability (Northern Ireland) Order 2003

(disclosure of results of data matching etc) is amended as follows.

      (2)
In paragraph (2)(b) after “body”, in each place, insert “or person”.

      (3)
In paragraph (3) after “bodies” insert “and persons”.

      (4)
In that paragraph, for sub-paragraph (a) substitute—

“(a)
the Secretary of State,

(aa)
the Minister for the Cabinet Office,

(ab)
a local auditor within the meaning of the Local Audit and

Accountability Act 2013,”.

      (5)
In paragraph (4) after “body”, where it first occurs, insert “or person”.

      (6)
In paragraph (6)(b) for paragraph (ii) substitute—

“(ii)
a body mentioned in paragraph (a), (b) or (c) of

paragraph 4(11) of Schedule 9 to the Local Audit and

Accountability Act 2013 (“relevant NHS body”);”.’.

Brandon Lewis

107

Schedule  12,  page  88,  line  33,  leave out paragraph 58 and insert—

‘58(1)
Section 62 (co-operation) is amended as follows.

      (2)
Omit paragraph (b).

      (3)
In the heading (in its original form and as substituted by paragraph 61(3) of

Schedule 4 to the Public Audit (Wales) Act 2013) omit “, Audit

Commission”.’.

Brandon Lewis

133

Schedule  12,  page  88,  line  34,  leave out paragraph 59 and insert—

‘   (1)
Section 64D (disclosure of results of data matching etc) is amended as follows.

      (2)
in subsection (2)(b) after “body”, in each place, insert “or person”.

      (3)
In subsection (3) after “bodies” insert “and persons”.

      (4)
In that subsection, for paragraph (a) substitute—

“(a)
the Secretary of State,

(aa)
the Minister for the Cabinet Office,

(ab)
a local auditor within the meaning of the Local Audit and

Accountability Act 2013,”.

      (5)
In subsection (4) after “body”, where it first occurs, insert “or person”.

      (6)
In subsection (6)(b) for sub-paragraph (ii) substitute—

“(ii)
a body mentioned in paragraph (a), (b) or (c) of

paragraph 4(11) of Schedule 9 to the Local Audit and

Accountability Act 2013 (“relevant NHS body”);”.’.

Brandon Lewis

108

Schedule  12,  page  89,  line  3,  leave out paragraph (a) and insert—

‘(a)
at the end of paragraph (a) insert “and”,’.

Public Bill Committee: 19 November 2013
129

Local Audit and Accountability Bill-[Lords], continued

Brandon Lewis

109

Schedule  12,  page  89,  line  3,  at end insert—

‘(aa)
in paragraph (b) omit “in the case of an order containing a scheme

within paragraph 1(1)(a),”, and’.

Brandon Lewis

110

Schedule  12,  page  89,  line  8,  leave out ‘to the Auditor General for Wales by’ and

insert ‘in accordance with’.

Brandon Lewis

111

Schedule  12,  page  99,  line  23,  at end insert—

‘(za)
section 95(4) of the Traffic Management Act 2004;’.

Brandon Lewis

69

Schedule  12,  page  99,  line  25,  after first ‘(b)’ insert ‘paragraph 14 of Schedule 1

and’.

Brandon Lewis

112

Schedule  12,  page  99,  line  26,  at end insert—

‘(ba)
section 31(2) of the Legislative and Regulatory Reform Act 2006;’.

Brandon Lewis

113

Schedule  12,  page  99,  line  27,  after ‘of’ insert ‘and paragraph 5(6) of Schedule 14

to’.

Brandon Lewis

70

Schedule  12,  page  99,  line  29,  leave out ‘52 and 55’ and insert ‘9 and 52’.

Andy Sawford

Roberta Blackman-Woods

151

Clause  43,  page  30,  line  15,  leave out subsection (2).

Brandon Lewis

134

Clause  46,  page  31,  line  4,  leave out ‘Section 38 comes’ and insert ‘Sections 38 and

Public Bill Committee: 19 November 2013
130

Local Audit and Accountability Bill-[Lords], continued

[Access to local government meetings and documents] come’.

Brandon Lewis

71

Clause  47,  page  31,  line  40,  leave out subsection (2).

New Clauses

Appointment of auditor by specified person

Brandon Lewis

NC1

To move the following Clause:—

‘(1)
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.

(2)
Regulations under subsection (1) may, in particular—

(a)
make provision about the persons that may be specified as an appointing

person;

(b)
make provision about the procedure for specifying a person and for an

appointing person’s specification to come to an end in prescribed

circumstances;

(c)
make provision about the consequences of an appointing person’s

specification coming to an end, including—

(i)
for the exercise of functions by the Secretary of State, and

(ii)
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;

(d)
confer functions on an appointing person, including in relation to—

(i)
the appointment of local auditors under the regulations,

(ii)
the activities of such auditors, and

(iii)
the resignation or removal from office of such auditors;

(e)
require an appointing person to consult prescribed persons before

exercising prescribed functions.

(3)
Regulations under subsection (1) may, in particular—

(a)
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;

(b)
make provision about the procedures to be followed in relation to opting

into or out of those arrangements;

(c)
impose duties on relevant authorities to which those arrangements apply,

including duties as to—

Public Bill Committee: 19 November 2013
131

Local Audit and Accountability Bill-[Lords], continued

(i)
the payment of fees to the appointing person in respect of an

audit carried out by a local auditor appointed by that person, and

(ii)
the provision of information to the appointing person.

(4)
Provision made by regulations under subsection (1) by virtue of subsection

(3)(c)(i) may, in particular—

(a)
provide for fees to be paid in accordance with a scale or scales of fees

specified by the appointing person, and

(b)
provide for the payment in prescribed circumstances of a larger or

smaller fee than is specified by the appropriate scale.

(5)
Regulations under subsection (1) may, in particular, make provision about the

functions of a local auditor appointed by an appointing person.

(6)
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.

(7)
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.

(8)
Regulations under subsection (1) may, in particular provide—

(a)
for any provision of, or made under, Part 3 of this Act not to apply, or to

apply with modifications, in relation to a relevant authority to which

regulations under that subsection apply;

(b)
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.

(9)
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.

(10)
In this section “prescribed” means prescribed by regulations under subsection

(1).’.

Auditor’s right to documents and information of significant private contractors

Andy Sawford

Roberta Blackman-Woods

NC2

To move the following Clause:—

‘(1)
A local auditor has a right of access at all reasonable times to audit documents

from private companies that the local authority have contracted significant

services to during the last financial year.

(2)
Local auditors only have a right of access to audit documents from private

companies, under subsection (1), that relate to the service provided to the local

authority by that company.

(3)
A local auditor must make available on request any audit documents, obtained

under subsection (1), subject to the provisions of the Freedom of Information Act

2000.

(4)
In this section “private company” shall be interpreted to mean any legal entity,

including joint ventures, not-for-profit organisations, mutually-held

organisations and charities.

Public Bill Committee: 19 November 2013
132

Local Audit and Accountability Bill-[Lords], continued

(5)
Five years after the coming into force of this section, the Secretary of State must

commission and publish a review of the effectiveness of subsections (1) to (3) and

of the costs to local auditors, private companies and local authorities arising from

it.

(6)
The meaning of “significant” and “terms of qualification” shall be set out by

regulations.’.

Comptroller and Auditor General prescribed persons

Andy Sawford

Roberta Blackman-Woods

NC3

To move the following Clause:—

‘(1)
The Secretary of State shall by order make arrangements for the Comptroller and

Auditor General to be added as a prescribed person for the purposes of the public

interest disclosure provisions.’.

Access to local government meetings and documents

Brandon Lewis

NC4

To move the following Clause:—

‘(1)
The Secretary of State may by regulations make provision for and in connection

with allowing persons—

(a)
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;

(b)
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;

(c)
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.

(2)
Regulations under subsection (1) may in particular make provision—

(a)
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;

(b)
about the facilities to be made available by bodies to which the

regulations apply to enable persons to carry on such activities;

(c)
about the steps to be taken by persons before carrying on such activities;

(d)
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.

(3)
The Secretary of State may by regulations make provision—

Public Bill Committee: 19 November 2013
133

Local Audit and Accountability Bill-[Lords], continued

(a)
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,

(b)
with respect to the information that is to be included in those written

records (including information as to the reasons for any decision);

(c)
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;

(d)
for the creation of offences in respect of any rights or requirements

conferred or imposed by the regulations.

(4)
The Secretary of State may by regulations provide that any of the following may

or must be given or made available by electronic means—

(a)
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;

(b)
any document relating to such a body which is required by that Part or

those regulations to be open to inspection.

(5)
Regulations under this section may, in particular, amend or repeal any provision

of—

(a)
the Public Bodies (Admission to Meetings) Act 1960,

(b)
Part 5A or section 228 (inspection of documents) of the Local

Government Act 1972, or

(c)
section 58 of the Greater London Authority Act 1999 (application of Part

5A to the London Assembly).

(6)
Subject to subsections (7) and (8), this section applies to—

(a)
a district council,

(b)
a county council in England,

(c)
a London borough council,

(d)
the London Assembly,

(e)
the Common Council of the City of London in its capacity as a local

authority or police authority,

(f)
the London Fire and Emergency Planning Authority,

(g)
Transport for London,

(h)
a joint authority established under Part 4 of the Local Government Act

1985,

(i)
an economic prosperity board,

(j)
a combined authority,

(k)
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,

(l)
a National Park Authority for a National Park in England,

(m)
the Broads Authority,

(n)
the Council of the Isles of Scilly,

(o)
a parish council, and

(p)
a parish meeting.

(7)
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.

(8)
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.

Public Bill Committee: 19 November 2013
134

Local Audit and Accountability Bill-[Lords], continued

(9)
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.

(10)
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.

(11)
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”.’.

Parish meetings: parish polls

Brandon Lewis

NC5

To move the following Clause:—

‘(1)
In Part 3 of Schedule 12 to the Local Government Act 1972 (procedure in parish

meetings), paragraph 18 is amended as follows.

(2)
Omit sub-paragraphs (4) to (6).

(3)
At the end insert—

  “(7)
A poll may be demanded before the conclusion of a parish meeting on

any question arising at the meeting, subject to regulations made under

sub-paragraph (8).

      (8)
The Secretary of State may by regulations make provision about polls

consequent on parish meetings, in particular about—

(a)
the questions arising at a meeting on which a poll may be

demanded,

(b)
the circumstances in which a poll may or must be taken

(including provision as to the number of local government

electors who must demand a poll for a poll to be taken), and

(c)
the conduct of a poll.

      (9)
Regulations under sub-paragraph (8)(c) may apply any electoral

enactment (with or without modifications) to polls consequent on

parish meetings.

    (10)
In sub-paragraph (9) “electoral enactment” means an enactment which

relates to elections or referendums.


For that purpose, “enactment” includes an enactment contained in

subordinate legislation as defined in section 21(1) of the Interpretation

Act 1978.

    (11)
A statutory instrument containing regulations under sub-paragraph (8)

is subject to annulment in pursuance of a resolution of either House of

Parliament.”

(4)
In section 243 of that Act (computation of time and timing of elections, etc)—

(a)
in subsection (2) for “rules under paragraph 18 or” substitute “regulations

under paragraph 18 or rules under paragraph 34”,

(b)
in subsection (4) before “rules” (in both places it occurs) insert

“regulations or”, and



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