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| Thursday 21 November 2013 |
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| Local Audit and Accountability Bill [Lords]
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| [Ninth and Tenth SITTINGS]
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| Clause 38, page 24, line 4, leave out ‘one or more specified local authorities’ and |
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| insert ‘a local authority’. |
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| Clause 38, page 24, line 15, leave out sub-paragraph (4) and insert— |
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| | ‘(4) | A direction can only be made by the Secretary of State if— |
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| | (a) | evidence of a breach of a code has been published and sent by the |
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| | Secretary of State to the local authority; |
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| | (b) | a local authority, on receipt of a letter from the Secretary of State |
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| | notifying them of evidence which purports to demonstrate a breach of the |
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| | code has made a response to the Secretary of State within 28 days; and |
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| | (c) | upon receiving any response the Secretary of State has published a report |
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| | detailing his conclusions.’. |
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| Clause 38, page 24, leave out from line 37 to line 21 on page 25. |
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| | Clause Agreed to on division. |
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| Clause 39, page 26, line 46, at end insert— |
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| | | “This section shall not apply to City Deals signed prior to the commencement of |
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| Clause 40, page 27, line 29, at end insert— |
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| | ‘(fa) | regulations under section [Appointment of auditor by specified person] |
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| | (appointment of auditor by specified person),’. |
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| Clause 40, page 27, line 30, at end insert— |
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| | ‘( ) | regulations under section [Access to local government meetings and |
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| | documents] which amend or repeal any provision of an Act,’. |
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| Clause 40, page 28, line 2, leave out subsection (7). |
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| | Clause, as amended, Agreed to. |
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| Clause 41, page 28, line 44, leave out from ‘auditor”’ to end of line 45 and insert |
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| ‘has the meaning given by section 4(1)(b);’. |
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| Clause 41, page 29, line 4, at end insert— |
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| | ‘“parish meeting” means a parish meeting of a parish which does not have |
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| | a separate parish council;’. |
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| Clause 41, page 29, line 48, at end insert— |
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| | ‘(7A) | Any function conferred or imposed on a parish meeting under or by virtue of this |
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| | Act, other than a function expressly conferred on the parish meeting itself, is |
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| | exercisable by the chairman of the parish meeting acting on behalf of the |
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| | Clause, as amended, Agreed to. |
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| Schedule 12, page 81, line 9, at end insert— |
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| | ‘Transport Act 1985 (c. 67) |
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| | 12A(1) | Section 76 of the Transport Act 1985 (audit of accounts of public transport |
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| | companies) is amended as follows. |
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| | (2) | For subsection (1) substitute— |
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| | “(1A) | In a case where a public transport company’s controlling authority |
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| | (a) | a county council or county borough council in Wales, or |
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| | (b) | a composite authority of which both or all the constituent |
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| | councils are county councils or county borough councils in |
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| | | it shall be the duty of the controlling authority to exercise their |
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| | control over that company so as to ensure that the company |
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| | appoints as auditors of the company only persons who, in addition |
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| | to meeting the requirements of Part 42 of the Companies Act 2006 |
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| | (statutory auditors), are approved for appointment as such auditors |
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| | by the Auditor General for Wales. |
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| | (1B) | In any other case, it shall be the duty of a public transport |
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| | company’s controlling authority to exercise their control over that |
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| | company so as to ensure that the company appoints as auditors of |
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| | the company only persons who meet the requirements of Part 42 of |
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| | the Companies Act 2006 (statutory auditors).”. |
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| | (3) | In subsection (2), after “(1)” insert “or (as the case may be) (1A)”.’. |
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| Schedule 12, page 82, line 24, leave out from first ‘the’ to end of line 25 and insert |
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| ‘definitions of “the first financial year” and “financial year” and insert— |
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| | (a) | the period commencing with the date on which the corporation is |
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| | established and ending with the second 31st March following |
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| | (b) | each successive period of twelve months.”’. |
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| Schedule 12, page 83, line 19, at end insert— |
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| | ‘Social Security Administration (Northern Ireland) Act 1992 (c. 8) |
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| | | In section 117(8) of the Social Security Administration (Northern Ireland) Act |
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| | 1992 (unauthorised disclosure of information relating to particular persons: |
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| | (a) | omit paragraph (gb), and |
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| | (b) | after paragraph (gc) insert— |
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| | “(gd) | a local auditor within the meaning of the Local Audit |
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| | and Accountability Act 2013; |
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| | (ge) | the Auditor General for Wales and any member of the |
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| | (gf) | any member of the staff of the Wales Audit Office, |
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| | and any person providing services to that Office;”.’. |
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| Schedule 12, page 84, line 19, at end insert— |
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| | ‘Local Government Act 1999 (c. 27) |
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| | 33A(1) | Section 23 of the Local Government Act 1999 (accounts of best value |
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| | authorities) is amended as follows. |
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| | (2) | In subsection (4) omit paragraph (a). |
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| | (3) | In subsection (7) for “an auditor appointed by the Audit Commission” |
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| | substitute “a local auditor appointed in accordance with the Local Audit and |
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| | Accountability Act 2013 or provision made under it”.’. |
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| Schedule 12, page 86, line 16, leave out paragraph 44 and insert— |
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| | ‘ (1) | Section 26D of the Public Finance and Accountability (Scotland) Act 2000 |
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| | (disclosure of results of data matching etc) is amended as follows. |
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| | (2) | In subsection (4) for paragraph (b) substitute— |
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| | “(b) | the Secretary of State, |
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| | (ba) | the Minister for the Cabinet Office, |
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| | (bb) | a local auditor within the meaning of the Local Audit and |
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| | Accountability Act 2013,”. |
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| | (3) | In subsection (7) in the definition of “relevant NHS body” for paragraph (b) |
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| | “(b) | a body mentioned in paragraph (a), (b) or (c) of paragraph 4(11) |
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| | of Schedule 9 to the Local Audit and Accountability Act 2013 |
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| | (“relevant NHS body”);”.’. |
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| Schedule 12, page 88, line 16, at end insert— |
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| | ‘50A (1) | Section 100 (exercise of powers by reference to authorities’ performance |
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| | categories) is amended as follows. |
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| | (2) | Omit subsections (1) and (2). |
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| | (3) | In subsection (3), for “those powers” substitute “certain powers”. |
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| | (4) | Omit subsections (4) to (8).’. |
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| Schedule 12, page 88, line 24, leave out paragraph 54 and insert— |
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| | ‘ (1) | Article 4D of the Audit and Accountability (Northern Ireland) Order 2003 |
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| | (disclosure of results of data matching etc) is amended as follows. |
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| | (2) | In paragraph (2)(b) after “body”, in each place, insert “or person”. |
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| | (3) | In paragraph (3) after “bodies” insert “and persons”. |
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| | (4) | In that paragraph, for sub-paragraph (a) substitute— |
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