House of Commons Public Bill Committee Proceedings

Session 2013 - 14
Internet Publications
Other Bills before Parliament

23

House of Commons

Thursday 21 November 2013

Public Bill Committee Proceedings

Local Audit and Accountability Bill [Lords]

[Ninth and Tenth SITTINGS]

Andy Sawford

Roberta Blackman-Woods

Withdrawn  146

Clause  38,  page  24,  line  4,  leave out ‘one or more specified local authorities’ and

insert ‘a local authority’.

Andy Sawford

Roberta Blackman-Woods

Not called  147

Clause  38,  page  24,  line  15,  leave out sub-paragraph (4) and insert—

‘(4)
A direction can only be made by the Secretary of State if—

(a)
evidence of a breach of a code has been published and sent by the

Secretary of State to the local authority;

(b)
a local authority, on receipt of a letter from the Secretary of State

notifying them of evidence which purports to demonstrate a breach of the

code has made a response to the Secretary of State within 28 days; and

(c)
upon receiving any response the Secretary of State has published a report

detailing his conclusions.’.

Andy Sawford

Roberta Blackman-Woods

Not called  148

Clause  38,  page  24,  leave out from line 37 to line 21 on page 25.

Clause Agreed to on division.

Andy Sawford

Roberta Blackman-Woods

Withdrawn  149

Clause  39,  page  26,  line  46,  at end insert—


“This section shall not apply to City Deals signed prior to the commencement of

this Act.”.

Public Bill Committee Proceedings: 21 November 2013
24

Local Audit and Accountability Bill-[Lords], continued

Clause Agreed to.

Brandon Lewis

Agreed to  62

Clause  40,  page  27,  line  29,  at end insert—

‘(fa)
regulations under section [Appointment of auditor by specified person]

(appointment of auditor by specified person),’.

Brandon Lewis

Agreed to  130

Clause  40,  page  27,  line  30,  at end insert—

‘( )
regulations under section [Access to local government meetings and

documents] which amend or repeal any provision of an Act,’.

Andy Sawford

Roberta Blackman-Woods

Withdrawn  150

Clause  40,  page  28,  line  2,  leave out subsection (7).

Clause, as amended, Agreed to.

Brandon Lewis

Agreed to  63

Clause  41,  page  28,  line  44,  leave out from ‘auditor”’ to end of line 45 and insert

‘has the meaning given by section 4(1)(b);’.

Brandon Lewis

Agreed to  64

Clause  41,  page  29,  line  4,  at end insert—

‘“parish meeting” means a parish meeting of a parish which does not have

a separate parish council;’.

Brandon Lewis

Agreed to  65

Clause  41,  page  29,  line  48,  at end insert—

‘(7A)
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.’.

Clause, as amended, Agreed to.

Clause 42 Agreed to.

Public Bill Committee Proceedings: 21 November 2013
25

Local Audit and Accountability Bill-[Lords], continued

Brandon Lewis

Agreed to  66

Schedule  12,  page  81,  line  9,  at end insert—

‘Transport Act 1985 (c. 67)

12A(1)
Section 76 of the Transport Act 1985 (audit of accounts of public transport

companies) is amended as follows.

      (2)
For subsection (1) substitute—

“(1A)
In a case where a public transport company’s controlling authority

are—

(a)
a county council or county borough council in Wales, or

(b)
a composite authority of which both or all the constituent

councils are county councils or county borough councils in

Wales,


it shall be the duty of the controlling authority to exercise their

control over that company so as to ensure that the company

appoints as auditors of the company only persons who, in addition

to meeting the requirements of Part 42 of the Companies Act 2006

(statutory auditors), are approved for appointment as such auditors

by the Auditor General for Wales.

    (1B)
In any other case, it shall be the duty of a public transport

company’s controlling authority to exercise their control over that

company so as to ensure that the company appoints as auditors of

the company only persons who meet the requirements of Part 42 of

the Companies Act 2006 (statutory auditors).”.

      (3)
In subsection (2), after “(1)” insert “or (as the case may be) (1A)”.’.

Brandon Lewis

Agreed to  67

Schedule  12,  page  82,  line  24,  leave out from first ‘the’ to end of line 25 and insert

‘definitions of “the first financial year” and “financial year” and insert—

““financial year” means—

(a)
the period commencing with the date on which the corporation is

established and ending with the second 31st March following

that date, and

(b)
each successive period of twelve months.”’.

Brandon Lewis

Agreed to  152

Schedule  12,  page  83,  line  19,  at end insert—

‘Social Security Administration (Northern Ireland) Act 1992 (c. 8)


In section 117(8) of the Social Security Administration (Northern Ireland) Act

1992 (unauthorised disclosure of information relating to particular persons:

Audit Commission)—

(a)
omit paragraph (gb), and

(b)
after paragraph (gc) insert—

“(gd)
a local auditor within the meaning of the Local Audit

and Accountability Act 2013;

Public Bill Committee Proceedings: 21 November 2013
26

Local Audit and Accountability Bill-[Lords], continued

(ge)
the Auditor General for Wales and any member of the

Auditor General’s staff;

(gf)
any member of the staff of the Wales Audit Office,

and any person providing services to that Office;”.’.

Brandon Lewis

Agreed to  68

Schedule  12,  page  84,  line  19,  at end insert—

‘Local Government Act 1999 (c. 27)

33A(1)
Section 23 of the Local Government Act 1999 (accounts of best value

authorities) is amended as follows.

      (2)
In subsection (4) omit paragraph (a).

      (3)
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 2013 or provision made under it”.’.

Brandon Lewis

Agreed to  131

Schedule  12,  page  86,  line  16,  leave out paragraph 44 and insert—

‘   (1)
Section 26D of the Public Finance and Accountability (Scotland) Act 2000

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

      (2)
In subsection (4) for paragraph (b) substitute—

“(b)
the Secretary of State,

(ba)
the Minister for the Cabinet Office,

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

Accountability Act 2013,”.

      (3)
In subsection (7) in the definition of “relevant NHS body” for paragraph (b)

substitute—

“(b)
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

Agreed to  106

Schedule  12,  page  88,  line  16,  at end insert—

‘50A (1)
Section 100 (exercise of powers by reference to authorities’ performance

categories) is amended as follows.

      (2)
Omit subsections (1) and (2).

      (3)
In subsection (3), for “those powers” substitute “certain powers”.

      (4)
Omit subsections (4) to (8).’.

Brandon Lewis

Agreed to  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—



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