Local Audit and Accountability Bill (HC Bill 129)

(a) omit sub-paragraph (4) (duty of certain higher education
corporations to consult Audit Commission before appointing
auditor in respect of first financial year),

(b) in sub-paragraph (5) for “that sub-paragraph” substitute “sub-
5paragraph (3) above”, and

(c) in sub-paragraph (6) omit the 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
  10is established and ending with the second 31st March following
  that date, and

  (b)

  each successive period of twelve months.”

Local Government and Housing Act 1989 (c. 42)Local Government and Housing Act 1989 (c. 42)

23 (1) Section 11 of the Local Government and Housing Act 1989 is amended as
15follows.

(2) In subsection (1)—

(a) omit “section 79 of the Local Government Act 1985 (public inspection
of accounts etc) or in”, and

(b) for “(which makes corresponding provision for Scotland)” insert
20“(public inspection of accounts etc)”.

(3) In subsection (3) (confidentiality of staff records: definitions), in the
definition of “relevant body” omit—

(a) “the Audit Commission Act 1998 or”, and

(b) “or, as the case may be, the Common Council of the City of London”.

24 (1) 25Until 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.

(2) 30In each of subsections (2) and (4), for “the Audit Commission Act 1998”
substitute “the Local Audit and Accountability Act 2013”.

(3) In subsection (5) omit “or of the Audit Commission for Local Authorities and
the National Health Service in England,”.

Town and Country Planning Act 1990 (c. 8)Town and Country Planning Act 1990 (c. 8)

25 35In section 2(6B) of the Town and Country Planning Act 1990 (application of
certain provisions to joint planning boards) omit paragraph (a).

Environmental Protection Act 1990 (c. 43)Environmental Protection Act 1990 (c. 43)

26 In paragraph 5 of Schedule 3 to the Environmental Protection Act 1990
(protection of members etc of authorities) omit the words “(other than any
40liability under section 17 or 18 of the Audit Commission Act 1998 (powers of
district auditor and court))”.

Social Security Administration Act 1992 (c. 5)Social Security Administration Act 1992 (c. 5)

27 The Social Security Administration Act 1992 is amended as follows.

28 In section 123(8) (unauthorised disclosure of information relating to
particular persons: “persons employed in audit” etc)—

(a) 5after paragraph (jza) insert—

“(jzb) a local auditor within the meaning of the Local Audit
and Accountability Act 2013;”, and

(b) omit paragraph (ja).

29 Omit section 139BA (interaction with Audit Commission).

10Social Security Administration (Northern Ireland) Act 1992 (c. 8)Social Security Administration (Northern Ireland) Act 1992 (c. 8)

30 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) 15after paragraph (gc) insert—

“(gd) a local auditor within the meaning of the Local Audit
and Accountability Act 2013;

(ge) the Auditor General for Wales and any member of the
Auditor General’s staff;

(gf) 20any member of the staff of the Wales Audit Office,
and any person providing services to that Office;”.

Police Act 1996 (c. 16)Police Act 1996 (c. 16)

31 (1) Schedule 4A to the Police Act 1996 (further provisions about Her Majesty’s
Inspectors of Constabulary) is amended as follows.

(2) 25In paragraph 2(2) (duty to consult on inspection programme or inspection
framework) omit paragraph (h) (the Audit Commission).

(3) In paragraph 3(2) (power to prevent inspection by other person or body)
omit paragraph (e) (the Audit Commission).

(4) In paragraph 4 (duty to co-operate) omit paragraph (h) (the Audit
30Commission).

(5) In paragraph 6 (assistance for other public authorities)—

(a) after sub-paragraph (1) insert—

“(1A) The chief inspector of constabulary may do anything the
chief inspector thinks appropriate to facilitate the carrying
35out of an inspection under section 10 of the Local
Government Act 1999 (inspection of best value
authorities).”, and

(b) for sub-paragraph (2) substitute—

“(2) Anything done under this paragraph may be done on such
40terms (including terms as to payment) as the chief
inspector of constabulary thinks fit.”

Noise Act 1996 (c. 37)Noise Act 1996 (c. 37)

32 The Noise Act 1996 is amended as follows.

33 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
51998).

34 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”.

Local Government (Contracts) Act 1997 (c. 65)Local Government (Contracts) Act 1997 (c. 65)

35 (1) 10Section 8 of the Local Government (Contracts) Act 1997 (audit reviews) is
amended as follows.

(2) In subsection (1)—

(a) in paragraph (a), for “section 17 of the Audit Commission Act 1998”
substitute “section 28 of the Local Audit and Accountability Act
152013”,

(b) omit paragraphs (b) and (c), and

(c) in the closing words, for “any of paragraphs (a) to (c)” substitute
“that paragraph”.

(3) Omit subsection (2).

20Local Government Act 1999 (c. 27)1999 (c. 27)

36 (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”
25substitute “a local auditor appointed in accordance with the Local Audit and
Accountability Act 2013 or provision made under it”.

Greater London Authority Act 1999 (c. 29)Greater London Authority Act 1999 (c. 29)

37 The Greater London Authority Act 1999 is amended as follows.

38 In section 7(b) (disqualifications from being an Assembly member that do
30not trigger a declaration of vacancy) omit sub-paragraph (i) (disqualification
under the Audit Commission Act 1998).

39 In section 9(1)(f) (date of vacancy in Assembly membership in case of
disqualification under the Audit Commission Act 1998)—

(a) omit “the Audit Commission Act 1998 or”, and

(b) 35omit “that Act of 1998 or”.

40 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).

41 In section 21(1)(e) (disqualification from election as Assembly member or
40the Mayor) omit sub-paragraph (ii) and the “or” immediately preceding that
sub-paragraph (disqualification under the Audit Commission Act 1998).

42 In section 125(2) (certification of information)—

(a) omit “in one or both of the following ways”, and

(b) omit paragraph (b) and the “and” which precedes it.

43 (1) Section 134 (summary statement of accounts of Authority and other bodies)
5is amended as follows.

(2) In subsection (4) (application of section 14 of the Audit Commission Act 1998
to summary statement of accounts)—

(a) for “Section 14 of the Audit Commission Act 1998 (inspection of
statements of accounts and auditors’ reports)” substitute “Section 25
10of the Local Audit and Accountability Act 2013 (inspection of
statements of accounts etc)”, and

(b) for “regulations under section 27” substitute “section 3(3)”.

(3) In subsection (5) (disapplication of public inspection etc provisions in Audit
Commission Act 1998 in relation to summary statement of accounts), for
15“Sections 15 to 24 of the Audit Commission Act 1998” substitute “Sections 26
to 31 of the Local Audit and Accountability Act 2013, and Schedule 8 to that
Act”.

(4) In subsection (6) (application of section 27 of the Audit Commission Act 1998
to summary statement of accounts)—

(a) 20for “Section 27 of the Audit Commission Act 1998” substitute
“Section 32 of the Local Audit and Accountability Act 2013”, and

(b) omit “accounts or”.

Crown Prosecution Service Inspectorate Act 2000 (c. 10)Crown Prosecution Service Inspectorate Act 2000 (c. 10)

44 (1) The Schedule to the Crown Prosecution Service Inspectorate Act 2000
25(further provisions about Her Majesty’s Chief Inspector of the Crown
Prosecution Service) is amended as follows.

(2) In paragraph 2(2) (duty to consult on inspection programme or inspection
framework) omit paragraph (h) (the Audit Commission).

(3) In paragraph 4 (duty to co-operate) omit paragraph (h) (the Audit
30Commission).

(4) In paragraph 6 (assistance for other public authorities)—

(a) after sub-paragraph (1) insert—

“(1A) The Chief Inspector may do anything the Chief Inspector
thinks appropriate to facilitate the carrying out of an
35inspection under section 10 of the Local Government Act
1999 (inspection of best value authorities).”, and

(b) for sub-paragraph (2) substitute—

“(2) Anything done under this paragraph may be done on such
terms (including terms as to payment) as the Chief
40Inspector thinks fit.”

Freedom of Information Act 2000 (c. 36)Freedom of Information Act 2000 (c. 36)

45 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.

Criminal Justice and Court Services Act 2000 (c. 43)Criminal Justice and Court Services Act 2000 (c. 43)

46 (1) Schedule 1A to the Criminal Justice and Court Services Act 2000 (further
5provisions about Her Majesty’s Inspectorate of Probation) is amended as
follows.

(2) In paragraph 2(2) (duty to consult on inspection programme or inspection
framework) omit paragraph (h) (the Audit Commission).

(3) In paragraph 3(2) (power to prevent inspection by other person or body)
10omit paragraph (e) (the Audit Commission).

(4) In paragraph 4 (duty to co-operate) omit paragraph (h) (the Audit
Commission).

(5) In paragraph 6 (assistance for other public authorities)—

(a) after sub-paragraph (1) insert—

“(1A) 15The chief inspector may do anything the chief inspector
thinks appropriate to facilitate the carrying out of an
inspection under section 10 of the Local Government Act
1999 (inspection of best value authorities).”, and

(b) for sub-paragraph (2) substitute—

“(2) 20Anything done under this paragraph may be done on such
terms (including terms as to payment) as the chief
inspector thinks fit.”

Public Finance and Accountability (Scotland) Act 2000 (ASP 1)

47 (1) Section 26D of the Public Finance and Accountability (Scotland) Act 2000
25(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
30Accountability 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
352013 (“relevant NHS body”);”.

Anti-terrorism, Crime and Security Act 2001 (c. 24)Anti-terrorism, Crime and Security Act 2001 (c. 24)

48 In Part 1 of Schedule 4 to the Anti-terrorism, Crime and Security Act 2001
(extension of existing disclosure powers under other Acts)—

(a) omit paragraph 41 (application to Audit Commission Act 1998), and

(b) 40after paragraph 53E insert—

“53F Paragraph 2 of Schedule 11 to the Local Audit and
Accountability Act 2013.”

Local Government Act 2003 (c. 26)Local Government Act 2003 (c. 26)

49 The Local Government Act 2003 is amended as follows.

50 (1) Section 21 (accounting practices) is amended as follows.

(2) In subsection (4) (enactments to which definition of proper practices applies)
5omit paragraph (d) (the Audit Commission Act 1998).

(3) For subsection (6) (local authorities to which the section applies)
substitute—

“(6) In this section, “local authority” includes—

(a) a parish council,

(b) 10a parish meeting of a parish which does not have a separate
parish council,

(c) a community council,

(d) a Passenger Transport Executive,

(e) the London Waste and Recycling Board,

(f) 15charter trustees (within the meaning of the Local Audit and
Accountability Act 2013),

(g) a port health authority for a port health district that is wholly
in England,

(h) a conservation board established by order of the Secretary of
20State under section 86 of the Countryside and Rights of Way
Act 2000,

(i) a chief constable for a police force for a police area in
England,

(j) the Commissioner of Police of the Metropolis,

(k) 25an internal drainage board for an internal drainage district—

(i) wholly in England, or

(ii) partly in England and partly in Wales, and

(l) any other person or body which for the time being is a
relevant authority for the purposes of the Local Audit and
30Accountability Act 2013 and—

(i) is not listed in paragraphs (a) to (k) or section 23(1),

(ii) is not a health service body (within the meaning of
that Act),

(iii) is not specified in regulations under section 23(2), and

(iv) 35does not fall within a class of bodies so specified.”

51 In section 22 (meaning of “revenue account” for the purposes of certain
enactments), for subsection (3) (local authorities to which the section
applies) substitute—

“(3) In this section, “local authority” includes—

(a) 40a parish council,

(b) a parish meeting of a parish which does not have a separate
parish council,

(c) a community council,

(d) a Passenger Transport Executive,

(e) 45the London Waste and Recycling Board,

(f) charter trustees (within the meaning of the Local Audit and
Accountability Act 2013),

(g) a port health authority for a port health district that is wholly
in England,

(h) 5a conservation board established by order of the Secretary of
State under section 86 of the Countryside and Rights of Way
Act 2000,

(i) a chief constable for a police force for a police area in
England,

(j) 10the Commissioner of Police of the Metropolis,

(k) an internal drainage board for an internal drainage district—

(i) wholly in England, or

(ii) partly in England and partly in Wales, and

(l) any other person or body which for the time being is a
15relevant authority for the purposes of the Local Audit and
Accountability Act 2013 and—

(i) is not listed in paragraphs (a) to (k) or section 23(1),

(ii) is not a health service body (within the meaning of
that Act),

(iii) 20is not specified in regulations under section 23(2), and

(iv) does not fall within a class of bodies so specified.”

52 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—

“(1A) 25Subsection (1) does not apply to section 21 to the extent that it confers
functions on the Secretary of State in relation to a person or body
that—

(a) is a relevant authority for the purposes of the Local Audit and
Accountability Act 2013, and

(b) 30exercises functions in relation to an area that is partly in
England and partly in Wales.”

53 Omit section 99 (categorisation of English local authorities by reference to
performance).

54 (1) Section 100 (exercise of powers by reference to authorities’ performance
35categories) 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).

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

55 40The Health and Social Care (Community Health and Standards) Act 2003 is
amended as follows.

56 In section 95 (studies as to economy, efficiency etc), omit subsection (4).

57 In section 148 (interpretation of Part 2) omit the definition of “the Audit
Commission”.

Audit and Accountability (Northern Ireland) Order 2003 (SI 2003/418 (NI 5)SI 2003/418 (NI 5))

58 (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) 5In 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
10Accountability 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
15Accountability Act 2013 (“relevant NHS body”);”.

Public Audit (Wales) Act 2004 (c. 23)Public Audit (Wales) Act 2004 (c. 23)

59 The Public Audit (Wales) Act 2004 is amended as follows.

60 Omit section 43 (co-operation with Audit Commission).

61 Omit section 57 (provision of information to Audit Commission).

62 (1) 20Section 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”.

63 (1) Section 64D (disclosure of results of data matching etc) is amended as
25follows.

(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) 30the 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) 35a 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”);”.

64 Omit sections 69 and 70 (transitional provision: local government bodies in
Wales and Welsh NHS bodies).

65 (1) Schedule 3 (transfer schemes) is amended as follows.

(2) In paragraph 1(1), omit paragraph (b) and the “and” preceding it.

(3) In paragraph 2—

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

(b) 5in paragraph (b) omit “in the case of an order containing a scheme
within paragraph 1(1)(a),”, and

(c) omit paragraph (c) and the “and” preceding it.

66 (1) The amendments of Schedule 3 to the Public Audit (Wales) Act 2004 by
paragraph 65 do not affect—

(a) 10the transfers of property, rights and liabilities of the Audit
Commission in accordance with a scheme under that Schedule, or

(b) the operation of that Schedule or of such a scheme in relation to those
transfers.

(2) In this paragraph “the Audit Commission” means the Audit Commission for
15Local Authorities and the National Health Service in England.

Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27)Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27)

67 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—

“(6A) 20References in this section to Part 42 of the Companies Act 2006 or to
paragraph 21, 22, 23(1) or 24(1) of Schedule 10 to that Act include that
Part or paragraph as it has effect by virtue of Schedule 5 to the Local
Audit and Accountability Act 2013 (which applies Part 42 with
modifications in relation to audits of local authorities etc).

(6B) 25The reference in the definition of “professional accountancy body” in
subsection (5) to section 1220 of the Companies Act 2006 includes a
reference to section 1219 of that Act as it has effect by virtue of
Schedule 5 to the Local Audit and Accountability Act 2013.”

Children Act 2004 (c. 31)Children Act 2004 (c. 31)

68 30In section 20(4) of the Children Act 2004 (joint area review: persons to whom
that section applies) omit paragraph (e).

Education and Inspections Act 2006 (c. 40)Education and Inspections Act 2006 (c. 40)

69 (1) Schedule 13 to the Education and Inspections Act 2006 (interaction between
Her Majesty’s Chief Inspector of Education, Children’s Services and Skills
35and other authorities) is amended as follows.

(2) In paragraph 1 (meaning of inspection authorities)—

(a) in sub-paragraph (2)—

(i) at the end of paragraph (d) insert “, and”, and

(ii) omit paragraph (h) and the “and” preceding it, and

(b) 40in sub-paragraph (3), for paragraph (f) substitute—

“(f) the Care Quality Commission.”

(3) In paragraph 8 (advice or assistance for other public authorities)—

(a) after sub-paragraph (1) insert—

“(1A) The Chief Inspector may do anything the Chief Inspector
thinks appropriate to facilitate the carrying out of an
inspection under section 10 of the Local Government Act
51999 (inspection of best value authorities).”, and

(b) for sub-paragraph (2) substitute—

“(2) Anything done under this paragraph may be done on such
terms as the Chief Inspector thinks fit.”

(4) In paragraph 10(a) (charges for advice or assistance) for “providing advice
10or assistance” substitute “doing anything”.

National Health Service Act 2006 (c. 41)National Health Service Act 2006 (c. 41)

70 The National Health Service Act 2006 is amended as follows.

71 In Schedule 1A (clinical commissioning groups), in paragraph 17(5), for the
words from “Audit Commission Act 1998” to the end substitute “Local
15Audit and Accountability Act 2013”.

72 Schedule 7 (constitution of public benefit corporations: auditors) is amended
as follows.

73 (1) Paragraph 23 is amended as follows.

(2) In sub-paragraph (3)—

(a) 20after “may be” insert “an individual or a firm”, and

(b) omit paragraphs (a) to (c).

(3) In sub-paragraph (4)—

(a) after paragraph (a) insert—

“(aa) eligible for appointment as a local auditor (see Part
254 of the Local Audit and Accountability Act 2013),
or”,

(b) omit paragraph (b), and

(c) in paragraph (c) for “any other” substitute “a”.

(4) Omit sub-paragraph (5).

(5) 30In sub-paragraph (7)—

(a) omit the definition of “the Audit Commission” (and the “and” which
follows it), and

(b) in the definition of “firm” for “the Audit Commission Act 1998 (see
section 51(3) of that Act)” substitute “section 1261(1) of the
35Companies Act 2006”.

74 (1) Paragraph 24 is amended as follows.

(2) After sub-paragraph (4) insert—

“(4A) The auditor must, in carrying out functions in relation to the
accounts—

(a) 40comply with the code of audit practice applicable to the
accounts that is for the time being in force (see Schedule 6
to the Local Audit and Accountability Act 2013), and