Local Government and Public Involvement in Health Bill

House of Commons

Session 2006 - 07
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Other Bills before Parliament

Local Government and Public Involvement in Health Bill

Local Government and Public Involvement in Health Bill
Schedule 9 — Consequential amendments relating to change of name of the Audit Commission
146

      (4)
In section 101 (staff transfer matters: general), for subsection (7) substitute—
“(7)
For the purposes of this section, the Secretary of State is the
“appropriate person” in relation to a police authority for a police area
in Wales.”
Fire and Rescue Services Act 2004 (c. 21)
5
25    (1)
Section 24 of the Fire and Rescue Services Act 2004 (inspection of compliance
with obligation to have regard to Fire and Rescue National Framework) is
amended as follows.
      (2)
In subsection (1), for “13” substitute “13A”.
      (3)
In subsection (2), for “section 13(2)(b) and (4)” substitute “sections 13(2)(b)
10
and (4) and 13A(2)(b) and (4)”.
Public Audit (Wales) Act 2004 (c. 23)
26    (1)
The Public Audit (Wales) Act 2004 is amended as follows.
      (2)
In section 41(1)(a) (studies for improving economy etc in services), for “best
value authorities in Wales” substitute “local government bodies in Wales
15
that are also best value authorities for the purposes of Part 1 of the Local
Government Act 1999”.
      (3)
In section 59 (interpretation), omit subsection (4) (definition of best value
authority in Wales).
Schedule 9
20
Section 114

Consequential amendments relating to change of name of the Audit
Commission
Amendment of references to the current name of the Commission
1     (1)
In the provisions listed in sub-paragraph (2), in the expression “Audit
Commission for Local Authorities and the National Health Service in
25
England and Wales”, omit “and Wales”.
      (2)
The provisions are—
(a)
paragraphs 2(2)(h), 3(2)(e) and 4(h) of Schedule A1 to the Prison Act
1952 (c. 52) (interaction between Her Majesty’s Chief Inspector of
Prisons and other authorities);
30
(b)
the entry in Part 3 of Schedule 1 to the House of Commons
Disqualification Act 1975 (c. 24) (offices disqualifying for
membership) relating to any member of the Audit Commission in
receipt of remuneration;
(c)
the entry relating to the Audit Commission in Part 2 of Schedule 1A
35
to the Race Relations Act 1976 (c. 74) (bodies and other persons
subject to general statutory duty);
(d)
section 75(1A) of the Housing Associations Act 1985 (c. 69) (general
function of the Housing Corporation);

Local Government and Public Involvement in Health Bill
Schedule 9 — Consequential amendments relating to change of name of the Audit Commission
147

(e)
section 22(5)(b) of the Airports Act 1986 (c. 31) (auditors of public
airport companies);
(f)
section 124B(5) of the Education Reform Act 1988 (c. 40) (accounts of
higher education corporations);
(g)
paragraph 5(6)(c)(i) of Schedule 8 to the Local Government Finance
5
Act 1988 (c. 41) (non-domestic rating contributions);
(h)
section 123(8)( ja) of the Social Security Administration Act 1992 (c. 5)
(unauthorised disclosure of information relating to particular
persons);
(i)
the definition of “Audit Commission” in section 43A(7) of the
10
Charities Act 1993 (c. 10) (annual audit or examination of English
National Health Service charity accounts);
(j)
paragraphs 2(2)(h), 3(2)(e) and 4(h) of Schedule 4A to the Police Act
1996 (c. 16) (interaction between Her Majesty’s Inspectors of
Constabulary and other authorities);
15
(k)
the definition of “the Commission” in section 53(1) of the Audit
Commission Act 1998 (c. 18) (interpretation);
(l)
section 53(1) of the School Standards and Framework Act 1998 (c. 31)
(certification of statements by Audit Commission);
(m)
section 22(1) of the Local Government Act 1999 (c. 27) (Audit
20
Commission);
(n)
section 125(2)(b) of the Greater London Authority Act 1999 (c. 29)
(information);
(o)
paragraphs 2(2)(h) and 4(h) of the Schedule to the Crown
Prosecution Service Inspectorate Act 2000 (c. 10) (interaction
25
between Her Majesty’s Chief Inspector of the Crown Prosecution
Service and other authorities);
(p)
the definition of “the Audit Commission” in section 83(1) of the Local
Government Act 2000 (c. 22) (interpretation of Part 3);
(q)
the entry relating to the Audit Commission in Part 6 of Schedule 1 to
30
the Freedom of Information Act 2000 (c. 36) (public authorities);
(r)
paragraphs 2(2)(h), 3(2)(e) and 4(h) of Schedule 1A to the Criminal
Justice and Court Services Act 2000 (c. 43) (interaction between Her
Majesty’s Inspectorate of the National Probation Service for England
and Wales and other authorities);
35
(s)
the definition of “the Audit Commission” in section 99(7) of the Local
Government Act 2003 (c. 26) (categorisation of English local
authorities by reference to performance);
(t)
section 110(4) of that Act (financial year of the Audit Commission);
(u)
paragraphs 2(2)(h), 3(2)(a) and 4(h) of Schedule 3A to the Courts Act
40
2003 (c. 39) (interaction between Her Majesty’s inspectorate of court
administration and other authorities);
(v)
the definition of “Audit Commission” in section 148 of the Health
and Social Care (Community Health and Standards) Act 2003 (c. 43)
(interpretation of Part 2);
45
(w)
the definition of “the Audit Commission” in section 71 of the Public
Audit (Wales) Act 2004 (c. 23) (interpretation);
(x)
section 20(4)(e) of the Children Act 2004 (c. 31) (joint area reviews);
(y)
paragraph 1(2)(h) of Schedule 13 to the Education and Inspections
Act 2006 (c. 40) (inspection authorities);
50
(z)
paragraph 23(7) of Schedule 7 to the National Health Service Act
2006 (c. 41) (audit of public benefit corporations);

Local Government and Public Involvement in Health Bill
Schedule 10 — Benefits Fraud Inspectorate: transfer schemes
148

(z1)
paragraph 4(4) of Schedule 15 to that Act (audit of certain NHS
bodies).
Amendment of references to the old name of the Commission
2     (1)
In the provisions listed in sub-paragraph (2), in the expression “Audit
Commission for Local Authorities in England and Wales”, for “in England
5
and Wales” substitute “and the National Health Service in England”.
      (2)
The provisions are—
(a)
section 76(1) of the Transport Act 1985 (c. 67) (audit of accounts of
public transport companies);
(b)
section 70(5) of the Local Government and Housing Act 1989 (c. 42)
10
(requirements for companies under control or subject to influence of
local authorities).
Repeal of provision in the Audit Commission Act 1998 (c. 18) relating to the previous change
of name of the Commission
3
In Schedule 4 to the Audit Commission Act 1998 (transitional provisions,
15
savings etc), omit paragraph 8.
Schedule 10
Section 116

Benefits Fraud Inspectorate: transfer schemes
Transfer of staff
1
Paragraphs 2 to 4 apply where the rights and liabilities relating to an
20
individual’s contract of employment are transferred in accordance with a
transfer scheme.
2     (1)
The individual’s contract of employment—
(a)
is not terminated by the transfer; and
(b)
has effect from the transfer date as if originally made between the
25
individual and the Audit Commission.
      (2)
The rights, powers, duties and liabilities of the Secretary of State under or in
connection with the contract are transferred to the Audit Commission on the
transfer date.
      (3)
Anything done before the transfer date by or in relation to the Secretary of
30
State in respect of the contract or otherwise in his capacity as the employer
of the individual shall be treated from that date as having been done by or
in relation to the Audit Commission.
      (4)
For the purposes of the Employment Rights Act 1996 (c. 18)—
(a)
the period of employment of the individual in the civil service of the
35
State counts as a period of employment with the Audit Commission;
and
(b)
the transfer does not break the continuity of the period of
employment.

Local Government and Public Involvement in Health Bill
Schedule 10 — Benefits Fraud Inspectorate: transfer schemes
149

      (5)
For the purposes of Part 11 of that Act (redundancy), the individual shall not
be regarded as having been dismissed by virtue of the transfer.
      (6)
This paragraph does not apply in relation to—
(a)
so much of a contract of employment as relates to a pension scheme;
or
5
(b)
any rights, powers, duties or liabilities relating to a pension scheme.
      (7)
In this paragraph, “transfer date”, in relation to a transfer scheme and an
individual, means the date on which the rights and liabilities relating to an
individual’s contract of employment are transferred to the Audit
Commission by virtue of the scheme.
10
3     (1)
A transfer scheme may make provision with respect to the eligibility of the
individual to become a member of a pension scheme by virtue of his
employment with the Audit Commission.
      (2)
A transfer scheme may make provision with respect to the rights of, or rights
or liabilities in respect of, the individual under a pension scheme of which
15
he is a member by virtue of his employment immediately before the transfer.
4
In paragraphs 2 and 3, “pension scheme” includes a scheme made under
section 1 of the Superannuation Act 1972 (c. 11) (superannuation schemes as
respects civil servants etc.).
Property, rights and liabilities etc.
20
5     (1)
A transfer scheme may provide for the transfer of property, rights and
liabilities—
(a)
whether or not they would otherwise be capable of being transferred
or assigned;
(b)
irrespective of any requirement for consent that would otherwise
25
apply.
      (2)
A transfer scheme may—
(a)
create rights, or impose liabilities, in relation to property, rights and
liabilities transferred by virtue of the scheme;
(b)
apportion property, rights and liabilities between the transferor and
30
the Audit Commission.
      (3)
A transfer scheme may provide for things done by or in relation to the
transferor for the purposes of or in connection with anything transferred by
a transfer scheme to be—
(a)
treated as done by or in relation to the Audit Commission or its
35
employees;
(b)
continued by or in relation to the Audit Commission or its
employees.
      (4)
A scheme may in particular make provision about the continuation of legal
proceedings.
40
      (5)
A scheme may include supplementary, incidental and consequential
provision.
      (6)
This paragraph has effect subject to paragraph 2 and section 116(4).