Local Government and Public Involvement in Health Bill

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Session 2006 - 07
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Local Government and Public Involvement in Health Bill

Local Government and Public Involvement in Health Bill
Schedule 8 — Best value: minor and consequential amendments
Part 1 — Part 1 of Local Government Act 1999
158

6     (1)
Section 4 (performance indicators and standards) is amended as follows.
      (2)
In subsections (1), (3) and (4) for “Secretary of State” substitute “Welsh
Ministers”.
      (3)
In subsection (3)—
(a)
in paragraph (a), for “him” substitute “them”;
5
(b)
in paragraph (b) for “he thinks” substitute “they think”.
      (4)
In subsection (4)(b)—
(a)
for “him” substitute “them”;
(b)
for “relevant audit authority” substitute “Auditor General for
Wales”.
10
      (5)
Omit subsection (6) (definition of relevant audit authority).
7
In section 6 (best value performance plans), in subsections (2), (3)(b) and (4)
for “Secretary of State” substitute “Welsh Ministers”.
8
In the heading immediately before section 7, at the end insert “: Welsh best
value authorities”.
15
9     (1)
Section 7 (audit of best value performance plans) is amended as follows.
      (2)
In subsection (1), for “best value authority” substitute “Welsh best value
authority”.
      (3)
Omit subsection (3) (auditors appointed by the Audit Commission).
      (4)
In subsection (3A), omit “If an authority’s auditor is appointed by the
20
Auditor General for Wales,”.
      (5)
In subsection (4)—
(a)
omit paragraph (e);
(b)
in paragraph (ea), omit “if the auditor is appointed by the Auditor
General for Wales,”;
25
(c)
in paragraph (f) for “Secretary of State” substitute “Welsh Ministers”.
      (6)
In subsection (5)—
(a)
omit paragraph (b);
(b)
in paragraph (ba), omit “if the auditor is appointed by the Auditor
General for Wales,”;
30
(c)
in paragraph (c) (in both places) for “Secretary of State” substitute
“Welsh Ministers”.
      (7)
In subsection (6)(b) for “Secretary of State” substitute “Welsh Ministers”.
      (8)
In subsection (7), omit “, (3)”.
      (9)
In subsection (8)—
35
(a)
omit paragraph (a);
(b)
in paragraph (aa), omit “if he was appointed by the Auditor General
for Wales,”;
(c)
in the words following paragraph (b), omit “, (3)”.
     (10)
In subsection (8A)—
40
(a)
in paragraph (a), omit “, if the authority is a best value authority in
Wales”;

Local Government and Public Involvement in Health Bill
Schedule 8 — Best value: minor and consequential amendments
Part 1 — Part 1 of Local Government Act 1999
159

(b)
omit paragraph (b).
     (11)
Omit subsection (9) (application of section 3 of Audit Commission Act 1998
where auditor appointed by the Audit Commission).
10
Omit section 8 (Audit Commission’s code of practice and fees).
11
In section 8A(5)—
5
(a)
in paragraph (a), for “Assembly” substitute “Welsh Ministers”;
(b)
in paragraph (b), for “best value authorities in Wales” substitute
“Welsh best value authorities”.
12
In section 8B (auditor’s duty in relation to codes) omit—
(a)
subsection (1) (auditors appointed by Audit Commission); and
10
(b)
subsections (3) and (4) (transitional provision).
13
In section 9 (response to audit)—
(a)
in subsections (1) and (2) for “best value authority” substitute “Welsh
best value authority”;
(b)
in subsection (6) (in both places) for “Secretary of State” substitute
15
“Welsh Ministers”.
14    (1)
Section 10 (best value inspections by Audit Commission) is amended as
follows.
      (2)
In subsection (4), omit paragraph (a).
      (3)
In subsection (5), for “a best value authority in Wales” substitute “—
20
(a)
a Welsh best value authority, or
(b)
a police authority for a police area in Wales.”
15    (1)
Section 10A (best value inspections by Auditor General for Wales) is
amended as follows.
      (2)
In subsection (1) for “a best value authority in Wales” substitute “—
25
(a)
a Welsh best value authority, or
(b)
a police authority for a police area in Wales.”
      (3)
In subsection (2) for “specified best value authority in Wales” substitute
“specified authority mentioned in subsection (1)”.
16
In section 11 (inspectors’ powers and duties), in subsection (4)(b) omit
30
“must”.
17
In section 12A(4)(b) (consultation about fees for inspections by Auditor
General for Wales) for “best value authorities in Wales” substitute “best
value authorities which may be inspected under section 10A”.
18
In section 13 (reports by Audit Commission) omit subsection (5)
35
(performance plans to record failure to comply with Part 1).
19
In section 13A (reports by Auditor General for Wales), in subsection (5)
(performance plans to record failure to comply with Part 1), for “an
authority” substitute “a Welsh best value authority”.
20
In section 15(2) (Secretary of State’s powers)—
40

Local Government and Public Involvement in Health Bill
Schedule 8 — Best value: minor and consequential amendments
Part 2 — Other minor and consequential amendments
160

(a)
for the words from “direct it” to the end of paragraph (b) substitute—
“(aa)
in the case of a Welsh best value authority, direct it to
prepare or amend a performance plan or to follow
specified procedures in relation to a performance
plan;”;
5
(b)
in paragraph (c), at the beginning insert “in the case of any best value
authority, direct it”.
21    (1)
Section 23 (accounts) is amended as follows.
      (2)
In subsection (4), in paragraph (za), for “best value authorities in Wales”
substitute “Welsh best value authorities or police authorities for police areas
10
in Wales”.
      (3)
In subsection (6), omit “(within the meaning of section 7)”.
      (4)
After subsection (6) insert—
“(7)
In subsection (6), “auditor” means an auditor appointed by the Audit
Commission or the Auditor General for Wales to audit the best value
15
authority’s accounts.”
22    (1)
Section 29 (modification for Wales) is amended as follows.
      (2)
For subsections (1) and (2) substitute—
“(1)
This section has effect for the purposes of the application of this Part
in relation to Wales, except in so far as it relates to a police authority
20
for a police area in Wales.
(1A)
For each reference to the Secretary of State in sections 3, 10A, 12A,
13A, 15, 19, 23, 25 and 26 there shall be substituted a reference to the
Welsh Ministers.”
      (3)
In subsection (4)—
25
(a)
omit “to Wales”;
(b)
for “National Assembly for Wales” and “Assembly” substitute
“Welsh Ministers”.
      (4)
After subsection (4) insert—
“(5)
In section 19(3) and (3A) for each reference to each House, or either
30
House, of Parliament there shall be substituted a reference to the
National Assembly for Wales.
(6)
In section 28(2), for the reference to either House of Parliament there
shall be substituted a reference to the National Assembly for Wales.”
Part 2
35
Other minor and consequential amendments
Housing Associations Act 1985 (c. 69)
23
In section 75(1B) of the Housing Associations Act 1985 (functions of Audit
Commission in relation to which relevant authority provides advice and
assistance), omit from “, except” to the end.
40

Local Government and Public Involvement in Health Bill
Schedule 9 — Consequential amendments relating to change of name of the Audit Commission
161

Local Government Act 2003 (c. 26)
24    (1)
The Local Government Act 2003 is amended as follows.
      (2)
In section 36(1) (grants in connection with designation for service
excellence), for “subject to any of the duties in sections 3 to 6 of the Local
Government Act 1999 (best value duties)” substitute “which, in relation to
5
any of its functions, is subject to the duty in section 3(1) of the Local
Government Act 1999 (best value duty)”.
      (3)
In section 98(2) (procedure for orders under section 97), for “relate to best
value authorities in Wales” (in each place) substitute “include provision
which has effect in relation to Wales”.
10
      (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)
15
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)
20
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
25
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
30
Section 116

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
35
England and Wales”, omit “and Wales”.
      (2)
The provisions are—

Local Government and Public Involvement in Health Bill
Schedule 9 — Consequential amendments relating to change of name of the Audit Commission
162

(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);
(b)
the entry in Part 3 of Schedule 1 to the House of Commons
Disqualification Act 1975 (c. 24) (offices disqualifying for
5
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
to the Race Relations Act 1976 (c. 74) (bodies and other persons
subject to general statutory duty);
10
(d)
section 75(1A) of the Housing Associations Act 1985 (c. 69) (general
function of the Housing Corporation);
(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
15
higher education corporations);
(g)
paragraph 5(6)(c)(i) of Schedule 8 to the Local Government Finance
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
20
persons);
(i)
the definition of “Audit Commission” in section 43A(7) of the
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
25
1996 (c. 16) (interaction between Her Majesty’s Inspectors of
Constabulary and other authorities);
(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)
30
(certification of statements by Audit Commission);
(m)
section 22(1) of the Local Government Act 1999 (c. 27) (Audit
Commission);
(n)
section 125(2)(b) of the Greater London Authority Act 1999 (c. 29)
(information);
35
(o)
paragraphs 2(2)(h) and 4(h) of the Schedule to the Crown
Prosecution Service Inspectorate Act 2000 (c. 10) (interaction
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
40
Government Act 2000 (c. 22) (interpretation of Part 3);
(q)
the entry relating to the Audit Commission in Part 6 of Schedule 1 to
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
45
Majesty’s Inspectorate of the National Probation Service for England
and Wales and other authorities);
(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);
50
(t)
section 110(4) of that Act (financial year of the Audit Commission);

Local Government and Public Involvement in Health Bill
Schedule 10 — Benefit Fraud Inspectorate: transfer schemes
163

(u)
paragraphs 2(2)(h), 3(2)(a) and 4(h) of Schedule 3A to the Courts Act
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)
5
(interpretation of Part 2);
(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
10
Act 2006 (c. 40) (inspection authorities);
(z)
paragraph 23(7) of Schedule 7 to the National Health Service Act
2006 (c. 41) (audit of public benefit corporations);
(z1)
paragraph 4(4) of Schedule 15 to that Act (audit of certain NHS
bodies).
15
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
and Wales” substitute “and the National Health Service in England”.
      (2)
The provisions are—
20
(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)
(requirements for companies under control or subject to influence of
local authorities).
25
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,
savings etc), omit paragraph 8.
Schedule 10
30
Section 118

Benefit Fraud Inspectorate: transfer schemes
Transfer of staff
1
Paragraphs 2 to 4 apply where the rights and liabilities relating to an
individual’s contract of employment are transferred in accordance with a
transfer scheme.
35
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
individual and the Audit Commission.

Local Government and Public Involvement in Health Bill
Schedule 10 — Benefit Fraud Inspectorate: transfer schemes
164

      (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
State in respect of the contract or otherwise in his capacity as the employer
5
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
State counts as a period of employment with the Audit Commission;
10
and
(b)
the transfer does not break the continuity of the period of
employment.
      (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.
15
      (6)
This paragraph does not apply in relation to—
(a)
so much of a contract of employment as relates to a pension scheme;
or
(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
20
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.
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
25
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
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
30
section 1 of the Superannuation Act 1972 (c. 11) (superannuation schemes as
respects civil servants etc.).
Property, rights and liabilities etc.
5     (1)
A transfer scheme may provide for the transfer of property, rights and
liabilities—
35
(a)
whether or not they would otherwise be capable of being transferred
or assigned;
(b)
irrespective of any requirement for consent that would otherwise
apply.
      (2)
A transfer scheme may—
40
(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
the Audit Commission.