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Audit functions | |
78 Studies as to economy, efficiency etc | |
(1) The CSCI may promote or undertake comparative or other studies designed to | |
enable it to make recommendations— | |
(a) for improving economy, efficiency and effectiveness in the discharge | 5 |
by local authorities in England of their social services functions; | |
(b) for improving the management of such local authorities in their | |
discharge of those functions. | |
(2) The CSCI may also promote or undertake studies designed to enable it to | |
prepare reports as to the impact of— | 10 |
(a) the operation of any particular statutory provisions, or | |
(b) any directions or guidance given by a Minister of the Crown (whether | |
pursuant to any such provision or otherwise), | |
on economy, efficiency and effectiveness in the discharge by local authorities | |
in England of their social services functions. | 15 |
(3) The CSCI must publish or otherwise make available— | |
(a) any recommendations made by it under subsection (1); | |
(b) at least a summary of the result of any studies under this section. | |
79 Joint working with Audit Commission | |
(1) The CSCI and the Audit Commission may (without prejudice to any other | 20 |
power they may have to do so) exercise jointly their respective functions under | |
section 78 and sections 33 and 34 of the Audit Commission Act 1998 (c. 18). | |
(2) The CSCI and the Audit Commission must co-operate with each other with | |
respect to the exercise of their respective functions under section 78 and | |
sections 33 and 34 of the Audit Commission Act 1998. | 25 |
(3) The CSCI and the Audit Commission must take into account any guidance | |
given to them by the Secretary of State with respect to the exercise of their | |
respective functions under section 78 and sections 33 and 34 of the Audit | |
Commission Act 1998. | |
Additional functions | 30 |
80 Additional functions | |
The CSCI is to have such additional functions as may be prescribed in relation | |
to the provision of English local authority social services. | |
Exercise of functions: general | |
81 General considerations | 35 |
(1) In exercising its functions under this Chapter the CSCI must have regard to | |
such aspects of government policy as the Secretary of State may direct. | |
(2) The Secretary of State may, after consulting the CSCI, make regulations | |
requiring the CSCI— | |
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(a) to devise and publish statements of the criteria to be used in the exercise | |
of any of its functions under this Chapter (other than section 75); and | |
(b) to obtain the consent of the Secretary of State before publishing any | |
such statement. | |
82 Failure in discharge of functions | 5 |
(1) Where the Secretary of State considers that the CSCI is to a significant extent— | |
(a) failing to discharge any of its functions under this Chapter, or | |
(b) failing properly to discharge any of those functions, | |
he may give it a direction in writing. | |
(2) The CSCI must comply with any such direction. | 10 |
(3) A direction given under this section may be varied or revoked by a further such | |
direction. | |
Supplementary | |
83 Fees | |
(1) The CSCI may from time to time make and publish provision requiring a local | 15 |
authority in England to pay a fee in respect of the exercise by the CSCI, in | |
relation to that authority, of such of its functions under section 75, 76 or 78 as | |
may be prescribed. | |
(2) The amount of a fee payable by virtue of provision under subsection (1) shall | |
be such as may be specified in, or calculated or determined under, the | 20 |
provision. | |
(3) Provision under subsection (1) may include provision— | |
(a) for different fees to be paid in different cases, or classes of case; | |
(b) for different fees to be paid by persons of different descriptions; | |
(c) for the amount of a fee to be determined by the CSCI in accordance with | 25 |
specified factors. | |
(4) The Secretary of State may by regulations make provision as to— | |
(a) the manner in which provision under subsection (1) is to be made and | |
published; | |
(b) the matters to be taken into account by the CSCI before making the | 30 |
provision. | |
(5) Before making any provision under subsection (1) the CSCI must consult such | |
persons as appear to it appropriate. | |
(6) The Secretary of State may by regulations make provision for an independent | |
person or panel to review the amount chargeable under subsection (1) in any | 35 |
particular case and, if that person or panel thinks fit, to substitute a lesser | |
amount for that amount. | |
(7) For the purpose of determining the fee payable by a local authority under | |
subsection (1) it must provide the CSCI with such information, in such form, as | |
the CSCI may require. | 40 |
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84 Reports and information | |
(1) The CSCI must make copies of any report published by it under this Chapter | |
available for inspection at its offices by any person at any reasonable time. | |
(2) Any person who requests a copy of such a report is entitled to have one on | |
payment of such reasonable fee (if any) as the CSCI considers appropriate. | 5 |
(3) The CSCI may charge a person such reasonable fee as it considers appropriate | |
where it provides him, at his request, with any other information relevant to | |
the discharge of the CSCI’s functions under this Chapter. | |
85 Right of entry | |
(1) A person authorised to do so by the CSCI may, if the CSCI considers it | 10 |
necessary or expedient for the purposes of this Chapter, at any reasonable time | |
enter and inspect— | |
(a) any premises owned or controlled by a local authority in England; or | |
(b) any premises falling within subsection (2), other than premises used | |
wholly or mainly as a private dwelling. | 15 |
(2) The premises referred to in subsection (1)(b) are premises— | |
(a) which are used, or proposed to be used, by any person in connection | |
with the provision of an English local authority social service; or | |
(b) which the CSCI reasonably believes to be so used, or proposed to be so | |
used. | 20 |
(3) A person who proposes to exercise any power of entry or inspection conferred | |
by this section must if so required produce some duly authenticated document | |
showing his authority to exercise the power. | |
86 Right of entry: supplementary | |
(1) A person authorised by virtue of section 85 to enter and inspect premises may, | 25 |
if he considers it necessary or expedient for the purposes of this Chapter— | |
(a) inspect and take copies of any documents or records (including | |
personal records) relating to the discharge by the local authority of its | |
social services functions; | |
(b) inspect any other item and remove it from the premises; | 30 |
(c) interview in private— | |
(i) any person working at the premises; or | |
(ii) any person accommodated or cared for there who consents to | |
be interviewed; and | |
(d) make any other examination into the state and management of the | 35 |
premises and treatment of persons accommodated or cared for there. | |
(2) The power in subsection (1)(a) includes— | |
(a) power to require any person holding or accountable for documents or | |
records kept on the premises to produce them; and | |
(b) in relation to records which are kept by means of a computer, power to | 40 |
require the records to be produced in a form in which they are legible | |
and can be taken away. | |
(3) A person authorised by virtue of subsection (1)(a) to inspect any records is | |
entitled to have access to, and to check the operation of, any computer and any | |
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(3) associated apparatus or material which is or has been in use in connection with | |
the records in question. | |
(4) A person authorised by virtue of section 85 to enter and inspect premises | |
may— | |
(a) require any person to afford him such facilities and assistance with | 5 |
respect to matters within the person’s control as are necessary to enable | |
him to exercise his powers under section 85 or this section; and | |
(b) take such measurements and photographs and make such recordings | |
as he considers necessary to enable him to exercise those powers. | |
(5) Any person who without reasonable excuse— | 10 |
(a) obstructs the exercise of any power conferred by section 85 or this | |
section, or | |
(b) fails to comply with any requirement of section 85 or this section, | |
is guilty of an offence and liable on summary conviction to a fine not exceeding | |
level 4 on the standard scale. | 15 |
87 Power to require information etc | |
(1) The CSCI may at any time require any person specified in subsection (2) to | |
provide it with any information, documents, records (including personal | |
records) or other items— | |
(a) which relates or relate to the discharge by a local authority in England | 20 |
of its social services functions; and | |
(b) which the CSCI considers it necessary or expedient to have for the | |
purposes of this Chapter. | |
(2) The persons referred to in subsection (1) are— | |
(a) the local authority; | 25 |
(b) a person providing an English local authority social service for the | |
authority; or | |
(c) any NHS body. | |
(3) The power in subsection (1) to require the provision of information includes, in | |
relation to records kept by means of a computer, power to require the | 30 |
provision of the records in legible form. | |
(4) Any person who without reasonable excuse fails to comply with any | |
requirement imposed by virtue of this section is guilty of an offence and liable | |
on summary conviction to a fine not exceeding level 4 on the standard scale. | |
88 Power to require explanation | 35 |
(1) The Secretary of State may by regulations make provision requiring prescribed | |
persons to provide to the CSCI, or to persons authorised by it, an explanation | |
of— | |
(a) any documents, records or items inspected, copied or provided under | |
sections 85 to 87, | 40 |
(b) any information provided under those sections, or | |
(c) any matters which are the subject of the exercise of any functions of the | |
CSCI under this Chapter, | |
in cases where the CSCI considers the explanation necessary or expedient for | |
the purposes of this Chapter. | 45 |
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(2) Regulations under subsection (1) may require explanations to be provided at | |
such times and places as may be prescribed. | |
(3) Any person who without reasonable excuse fails to comply with any | |
requirement imposed by virtue of this section is guilty of an offence and liable | |
on summary conviction to a fine not exceeding level 4 on the standard scale. | 5 |
Chapter 6 | |
Social services: functions of National Assembly for Wales | |
Provision of social services | |
89 General function | |
The Assembly has the general function of encouraging improvement in the | 10 |
provision of Welsh local authority social services. | |
90 Reviews of studies and research | |
(1) The Assembly may review— | |
(a) studies and research undertaken by others in relation to the provision | |
of Welsh local authority social services; | 15 |
(b) the methods used in such studies and research; and | |
(c) the validity of conclusions drawn from such studies and research. | |
(2) Where the Assembly conducts a review under this section it must publish such | |
report as it considers appropriate. | |
91 Reviews and investigations | 20 |
(1) The Assembly has the function of conducting reviews of, and investigations | |
into, the way in which local authorities in Wales discharge their social services | |
functions. | |
(2) The Assembly may in particular under this section conduct— | |
(a) a review of the overall provision of Welsh local authority social | 25 |
services; | |
(b) a review of the provision of any Welsh local authority social service of | |
a particular description; or | |
(c) a review of, or investigation into, the provision of any Welsh local | |
authority social service by a particular person or persons. | 30 |
(3) The Assembly may in a review under subsection (2)— | |
(a) assess performance against criteria; | |
(b) award performance ratings. | |
(4) For the purposes of this section the Assembly may carry out an inspection of— | |
(a) any local authority in Wales; | 35 |
(b) any other person providing a Welsh local authority social service. | |
(5) Where the Assembly conducts a review or investigation under this section, it | |
must publish such report as it considers appropriate. | |
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