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Public Audit (Wales) Bill [HL]


Public Audit (Wales) Bill [HL]
Part 2 — Local government bodies in Wales
Chapter 2 — Studies and performance standards

28

 

(4)   

A person guilty of an offence under subsection (3) is liable on summary

conviction to a fine not exceeding level 3 on the standard scale.

(5)   

Subsection (6) applies if—

(a)   

a person is convicted of committing an offence under subsection (3) in

relation to a body, and

5

(b)   

expenses are incurred by an auditor in connection with proceedings for

the offence.

(6)   

The expenses may be recovered from the convicted person or the body, to the

extent that they are not recovered from any other source.

40      

Documents relating to police authorities

10

(1)   

If the Auditor General for Wales receives a copy of a report under section 22(5)

or (6) and the report relates to a police authority for a police area in Wales, he

must send a copy of the report to the Secretary of State and the Assembly.

(2)   

If the Auditor General for Wales has sent a document (or a copy of a document)

relating to one or more police authorities for police areas in Wales to a police

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authority for a police area in Wales, he may send a copy of the document to the

Secretary of State and the Assembly.

Chapter 2

Studies and performance standards

Studies

20

41      

Studies for improving economy etc in services

(1)   

The Auditor General for Wales must for each financial year undertake or

promote studies designed to enable him to make recommendations—

(a)   

for improving economy, efficiency and effectiveness in the discharge of

the functions of best value authorities in Wales;

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(b)   

for improving economy, efficiency and effectiveness in the provision of

services provided by other local government bodies in Wales;

(c)   

for improving the financial or other management of local government

bodies in Wales.

(2)   

The studies which the Auditor General for Wales is required to undertake or

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promote under subsection (1) include in particular—

(a)   

studies designed to enable the Auditor General for Wales to determine

what directions he should give under section 47;

(b)   

studies of information published in pursuance of section 47 which are

designed to enable the Auditor General for Wales to determine, in

35

relation to each financial year, what comparative information to

publish himself about the standards of performance achieved by bodies

which are relevant bodies for the purposes of that section.

(3)   

The Auditor General for Wales may undertake or promote other studies

relating to the provision of services by local government bodies in Wales.

40

(4)   

Where the Auditor General for Wales undertakes or promotes a study under

this section, he must publish or otherwise make available—

 

 

Public Audit (Wales) Bill [HL]
Part 2 — Local government bodies in Wales
Chapter 2 — Studies and performance standards

29

 

(a)   

the results of the study, and

(b)   

any recommendations made by him.

(5)   

Before undertaking or promoting a study under this section, other than a study

of a kind mentioned in paragraph (a) or (b) of subsection (2), the Auditor

General for Wales must consult—

5

(a)   

any associations of local government bodies in Wales which appear to

him to be concerned, and

(b)   

any associations of employees which appear to him to be appropriate.

(6)   

The Auditor General for Wales and the Assembly must co-operate with each

other with respect to the exercise of their respective functions under this

10

section and sections 94 and 95 of the Health and Social Care (Community

Health and Standards) Act 2003 (c. 43) (reviews, investigations and studies by

Assembly).

42      

Studies on impact of statutory provisions etc

(1)   

The Auditor General for Wales must undertake or promote studies designed

15

to enable him to prepare reports as to the impact of —

(a)   

the operation of any statutory provisions, or

(b)   

any directions or guidance given by the Assembly (whether or not

under a statutory provision),

   

on economy, efficiency and effectiveness in the discharge of the functions of

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local government bodies in Wales.

(2)   

The Auditor General for Wales must from time to time lay before the Assembly

a report of any matters which, in his opinion—

(a)   

arise out of studies under this section, and

(b)   

ought to be drawn to the attention of the Assembly.

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(3)   

Before undertaking or promoting a study under this section, the Auditor

General for Wales must consult—

(a)   

any associations of local government bodies in Wales which appear to

him to be concerned, and

(b)   

any associations of employees which appear to him to be appropriate.

30

(4)   

The Auditor General for Wales and the Assembly must co-operate with each

other with respect to the exercise of their respective functions under this

section and section 95(2) of the Health and Social Care (Community Health and

Standards) Act 2003 (c. 43) (studies by Assembly on impact of statutory

provisions).

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43      

Co-operation with Audit Commission

The Auditor General for Wales must co-operate with the Audit Commission

where it seems to him appropriate to do so for the efficient and effective

discharge of his functions under sections 41 and 42.

44      

Studies at request of local government bodies in Wales

40

(1)   

The Auditor General for Wales may, at the request of a local government body

in Wales, undertake or promote studies designed to enable him to make

recommendations for improving economy, efficiency and effectiveness in the

discharge of the functions of the body.

 

 

Public Audit (Wales) Bill [HL]
Part 2 — Local government bodies in Wales
Chapter 2 — Studies and performance standards

30

 

(2)   

Before making the request the body must consult any associations of

employees which appear to it to be appropriate.

45      

Benefit administration studies for Secretary of State

(1)   

The Auditor General for Wales may, at the request of the Secretary of State,

conduct, or assist the Secretary of State in conducting, benefit administration

5

studies.

(2)   

Benefit administration studies are studies designed to enable

recommendations to be made for improving economy, efficiency, and

effectiveness and quality of performance in the discharge by one or more local

authorities in Wales of functions relating to the administration of housing

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benefit or council tax benefit (or both).

(3)   

Any information obtained in the course of a benefit administration study may

be disclosed by the Auditor General for Wales to the Secretary of State for the

purposes of any functions of the Secretary of State which are connected with

housing benefit or council tax benefit.

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(4)   

The Auditor General for Wales must send to the Secretary of State a copy of a

report of a benefit administration study carried out by the Auditor General for

Wales.

(5)   

The Secretary of State or the Auditor General for Wales may send a copy of a

report of a benefit administration study to any local authority to which the

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study relates.

(6)   

The Secretary of State may publish a report of a benefit administration study in

conjunction with the Auditor General for Wales.

(7)   

The Auditor General for Wales may conduct, or assist the Secretary of State in

conducting, a benefit administration study only if the Secretary of State has

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made arrangements for the payment to the Auditor General for Wales of a fee

in respect of the study.

(8)   

The amount of the fee must be a reasonable amount agreed between the

Secretary of State and the Auditor General for Wales.

Performance standards

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46      

Performance standards: relevant bodies

(1)   

Each of these local government bodies in Wales is a relevant body for the

purposes of sections 47 to 49

(a)   

a local authority in Wales;

(b)   

a committee of a local authority in Wales (including a joint committee

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of two or more local authorities in Wales);

(c)   

a National Park authority for a National Park in Wales;

(d)   

a police authority for a police area in Wales;

(e)   

a fire authority for a combined area in Wales.

(2)   

The Assembly may by order provide for sections 47 to 49 to have effect as if any

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other local government body in Wales were a relevant body for the purposes

of those sections.

 

 

Public Audit (Wales) Bill [HL]
Part 2 — Local government bodies in Wales
Chapter 2 — Studies and performance standards

31

 

(3)   

In this section “local authority in Wales” does not include a community

council.

47      

Publication of information as to standards of performance

(1)   

The Auditor General for Wales must give any directions which he thinks fit for

requiring relevant bodies to publish the information mentioned in subsection

5

(2).

(2)   

The information is information relating to their activities in a financial year

which will, in the opinion of the Auditor General for Wales, facilitate the

making of appropriate comparisons—

(a)   

between the standards of performance achieved by different relevant

10

bodies in the financial year, or

(b)   

between the standards of performance achieved by relevant bodies in

different financial years.

(3)   

The comparisons are to be made by reference to the criteria of cost, economy,

efficiency and effectiveness.

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(4)   

If a relevant body is required by a direction under this section to publish

information in relation to a financial year, it must—

(a)   

make arrangements for collecting and recording the information which

secure that the information is available for publication and (so far as

practicable) that everything published in pursuance of the direction is

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accurate and complete,

(b)   

publish the information in accordance with the direction and in a

method permitted under section 48 before the end of the period of 9

months starting immediately after the end of the financial year, and

(c)   

keep a document containing any information published in pursuance

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of the direction available for inspection by local government electors

for its area.

(5)   

The Assembly may by order vary the period specified in subsection (4)(b).

(6)   

The period specified in an order under subsection (5) must not be longer than

9 months starting immediately after the end of the financial year in question.

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(7)   

A local government elector for the area of a relevant body may—

(a)   

at all reasonable times and without payment, inspect and make copies

of the whole or any part of a document kept available for inspection by

the body under subsection (4)(c);

(b)   

require copies of the whole or part of any such document to be

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delivered to him on payment of a reasonable sum for each copy.

(8)   

A person who has custody of a document kept available for inspection under

subsection (4)(c) commits an offence if—

(a)   

he obstructs a person in the exercise of his rights under subsection (7),

or

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(b)   

he refuses to comply with a requirement under subsection (7)(b).

(9)   

A person guilty of an offence under subsection (8) is liable on summary

conviction to a fine not exceeding level 3 on the standard scale.

 

 

 
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