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Schedule to be inserted in Audit Commission Act 1998 |
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Interaction with other authorities |
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1 (1) | In this Schedule (subject to sub-paragraph (2)), “inspection |
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(a) | Her Majesty’s Chief Inspector of Prisons; |
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(b) | Her Majesty’s Chief Inspector of Constabulary; |
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(c) | Her Majesty’s Chief Inspector of the Crown Prosecution |
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(d) | Her Majesty’s Chief Inspector of the National Probation |
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Service for England and Wales; |
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(e) | Her Majesty’s Chief Inspector of Court Administration; |
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(f) | Her Majesty’s Chief Inspector of Education, Children’s |
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(g) | the Commission for Healthcare Audit and Inspection; or |
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(h) | the Commission for Social Care Inspection. |
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(2) | In paragraphs 5 to 10 of this Schedule, “inspection authority” also |
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(a) | Her Majesty’s Inspectors of Constabulary, |
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(b) | Her Majesty’s Inspectorate of the National Probation |
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Service for England and Wales, and |
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(c) | Her Majesty’s Inspectorate of Court Administration, |
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| but notice under paragraph 5(1) in respect of an inspection by |
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those inspectors or inspectorates may be given to their Chief |
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2 (1) | In this Schedule “public authority”— |
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(a) | includes any person any of whose functions are of a public |
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(b) | does not include either House of Parliament or a person |
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exercising functions in connection with proceedings in |
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(2) | References in this Schedule to a public authority do not include a |
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public authority outside the United Kingdom. |
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(3) | In relation to a particular act, a person is not a public authority by |
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virtue of sub-paragraph (1) if the nature of the act is private. |
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Inspections and functions |
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“Audit Commission inspection” means an inspection |
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(a) | section 41A of this Act (inspection of registered social |
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(b) | section 10 of the Local Government Act 1999 (c. 27) |
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(inspection of best value authorities); |
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“inspection functions” means functions relating to Audit |
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“national studies functions” means functions relating to |
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studies under any of the following provisions of this Act— |
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(a) | section 33(1) or (4) (studies for improving economy, |
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efficiency and effectiveness in services); |
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(b) | section 34(1) (studies as to impact of statutory |
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provisions etc on economy, efficiency and |
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effectiveness in services); |
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(c) | section 36(1) (studies for improving economy, |
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efficiency and effectiveness in management or |
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operation of educational bodies); |
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(d) | section 38 (benefit administration studies for |
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(e) | section 40 (studies relating to registered social |
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“relevant functions” means— |
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(a) | inspection functions; |
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(b) | national studies functions; and |
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“reporting functions” means functions relating to the |
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production of reports by the Commission under— |
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(a) | section 139A of the Social Security Administration |
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(b) | section 47A of this Act; |
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“section 139A inspector” means a person authorised under |
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section 139A of the Social Security Administration Act |
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1992 (c. 5) (persons authorised to report on the |
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administration of housing benefit and council tax benefit), |
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other than the Commission. |
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Inspection programmes and inspection frameworks |
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4 (1) | The Commission must from time to time, or at such times as the |
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Secretary of State may specify by order, prepare— |
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(a) | a document setting out what Audit Commission |
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inspections it proposes to carry out (an “inspection |
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(b) | a document setting out the way in which it proposes to |
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carry out its functions of inspecting and reporting so far as |
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they relate to Audit Commission inspections (an |
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(2) | Before preparing an inspection programme or an inspection |
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framework, the Commission must consult— |
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(a) | the Secretary of State, |
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(b) | the inspection authorities, and |
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(c) | any other person or body specified by an order made by |
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| and it must send to each of the persons or bodies referred to in |
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paragraph (a), (b) or (c) a copy of each programme or framework |
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(3) | Sub-paragraph (2) does not require the Commission to consult, or |
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to send copies of documents to, a person or body mentioned in |
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paragraph (b) or (c) of that sub-paragraph in cases or |
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circumstances in relation to which the Commission and that |
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person or body have agreed to waive the requirement. |
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(4) | The Secretary of State may by order specify the form that |
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inspection programmes or inspection frameworks must take. |
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Inspections by other inspectors of organisations within the Commission’s remit |
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(a) | a specified inspector is proposing to carry out an |
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inspection that would involve inspecting a specified |
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(b) | the Commission considers that the proposed inspection |
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would impose an unreasonable burden on the specified |
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organisation, or would do so if carried out in a particular |
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| the Commission must, subject to sub-paragraph (6), give a notice |
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to the specified inspector requiring the inspector not to carry out |
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the proposed inspection, or not to carry it out in that way. |
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(2) | In this paragraph “specified inspector” means— |
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(a) | an inspection authority; |
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(b) | a section 139A inspector; or |
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(c) | any other person or body specified by order made by the |
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(3) | In this paragraph “specified organisation” means a person or body |
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specified by order made by the Secretary of State. |
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(4) | A person or body may be specified under sub-paragraph (3) in |
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relation to particular functions. |
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(5) | In the case of a person or body so specified, sub-paragraph (1)(a) |
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is to be read as referring to an inspection that would involve |
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inspecting the discharge by that person or body of any of the |
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functions in relation to which it is specified. |
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(6) | The Secretary of State may by order specify cases or circumstances |
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in which a notice need not, or may not, be given under this |
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(7) | Where a notice is given under this paragraph, the proposed |
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inspection must not be carried out, or (as the case may be) must |
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not be carried out in the way mentioned in the notice; but this is |
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subject to sub-paragraph (8). |
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(8) | The Secretary of State, if satisfied that the proposed inspection— |
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(a) | would not impose an unreasonable burden on the |
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specified organisation in question, or |
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(b) | would not do so if carried out in a particular way, |
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| may give consent to the inspection being carried out, or being |
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(9) | The Secretary of State may by order make provision |
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supplementing this paragraph, including in particular |
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(a) | about the form of notices; |
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(b) | prescribing the period within which notices are to be |
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(c) | prescribing circumstances in which notices are, or are not, |
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(d) | for revising or withdrawing notices; |
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(e) | for setting aside notices not validly given. |
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6 | The Commission must co-operate with— |
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(a) | the inspection authorities, |
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(b) | section 139A inspectors, and |
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(c) | any other public authority specified by order made by the |
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| where it is appropriate to do so for the efficient and effective |
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discharge of any of its relevant functions. |
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7 | The Commission may act jointly with— |
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(a) | an inspection authority, and |
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(b) | a section 139A inspector, |
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| where it is appropriate to do so for the efficient and effective |
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discharge of any of its relevant functions. |
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8 (1) | The Commission may delegate any of its relevant functions (to |
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such extent as it may determine) to— |
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(a) | an inspection authority; |
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(b) | any other public authority specified by an order made by |
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(2) | If the carrying out of an Audit Commission inspection, or any |
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study referred to in the definition of “national studies functions” |
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in paragraph 3, is delegated under sub-paragraph (1) it is |
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nevertheless to be regarded for the purposes of any enactment as |
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carried out by the Commission. |
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Advice or assistance for other public authorities |
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9 (1) | The Commission may, if it thinks it appropriate to do so, provide |
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advice or assistance to another public authority for the purpose of |
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the exercise by that authority of its functions. |
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(2) | Advice or assistance under this paragraph may be provided on |
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such terms as the Commission thinks fit. |
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(3) | In relation to advice or assistance provided under this paragraph |
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to an inspection authority, the terms may include such terms as to |
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payment as the Commission thinks fit. |
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(4) | In relation to advice or assistance provided under this paragraph |
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to a public authority which is not an inspection authority, the |
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terms may include terms as to payment only with the consent of |
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(5) | In this paragraph, references to a public authority do not include |
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public authorities outside England, other than— |
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(a) | the Auditor General for Wales; |
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(b) | the Auditor General for Scotland; |
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(d) | the Comptroller and Auditor General for Northern |
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Inspections carried out under arrangements |
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10 (1) | The Commission may make arrangements with an inspection |
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authority to carry out, on behalf of that authority, inspections in |
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England of any institution or matter which the Commission is not |
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required or authorised to carry out by virtue of any other |
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(2) | Inspections under this paragraph may be carried out on such |
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terms, including terms as to payment, as the Commission thinks |
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