|
| |
| |
(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) | treated as done by or in relation to the Audit Commission or its |
| |
| 5 |
(b) | continued by or in relation to the Audit Commission or its |
| |
| |
(4) | A scheme may in particular make provision about the continuation of legal |
| |
| |
(5) | A scheme may include supplementary, incidental and consequential |
| 10 |
| |
(6) | This paragraph has effect subject to paragraph 2 and section 118(4). |
| |
| |
| |
Schedule to be inserted in Audit Commission Act 1998 |
| |
| 15 |
| |
Interaction with other authorities |
| |
| |
| |
| |
1 (1) | In this Schedule (subject to sub-paragraph (2)), “inspection |
| 20 |
| |
(a) | Her Majesty’s Chief Inspector of Prisons; |
| |
(b) | Her Majesty’s Chief Inspector of Constabulary; |
| |
(c) | Her Majesty’s Chief Inspector of the Crown Prosecution |
| |
| 25 |
(d) | Her Majesty’s Chief Inspector of the National Probation |
| |
Service for England and Wales; |
| |
(e) | Her Majesty’s Chief Inspector of Court Administration; |
| |
(f) | Her Majesty’s Chief Inspector of Education, Children’s |
| |
| 30 |
(g) | the Commission for Healthcare Audit and Inspection; or |
| |
(h) | the Commission for Social Care Inspection. |
| |
(2) | In paragraphs 5 to 10 of this Schedule, “inspection authority” also |
| |
| |
(a) | Her Majesty’s Inspectors of Constabulary, |
| 35 |
(b) | Her Majesty’s Inspectorate of the National Probation |
| |
Service for England and Wales, and |
| |
| |
| |
|
| |
| |
(c) | Her Majesty’s Inspectorate of Court Administration, |
| |
| but notice under paragraph 5(1) in respect of an inspection by |
| |
those inspectors or inspectorates may be given to their Chief |
| |
| |
| 5 |
2 (1) | In this Schedule “public authority”— |
| |
(a) | includes any person any of whose functions are of a public |
| |
| |
(b) | does not include either House of Parliament or a person |
| |
exercising functions in connection with proceedings in |
| 10 |
| |
(2) | Subject to paragraph 9(3), references in this Schedule to a public |
| |
authority do not include a public authority outside the United |
| |
| |
(3) | In relation to a particular act, a person is not a public authority by |
| 15 |
virtue of sub-paragraph (1) if the nature of the act is private. |
| |
Inspections and functions |
| |
| |
“Audit Commission inspection” means an inspection |
| |
| 20 |
(a) | section 41A of this Act (inspection of registered social |
| |
| |
(b) | section 10 of the Local Government Act 1999 (c. 27) |
| |
(inspection of best value authorities); |
| |
“inspection functions” means functions relating to Audit |
| 25 |
| |
“national studies functions” means functions relating to |
| |
studies under any of the following provisions of this Act— |
| |
(a) | section 33(1) or (4) (studies for improving economy, |
| |
efficiency and effectiveness in services); |
| 30 |
(b) | section 34(1) (studies as to impact of statutory |
| |
provisions etc on economy, efficiency and |
| |
effectiveness in services); |
| |
(c) | section 36(1) (studies for improving economy, |
| |
efficiency and effectiveness in management or |
| 35 |
operation of educational bodies); |
| |
(d) | section 38 (benefit administration studies for |
| |
| |
(e) | section 40 (studies relating to registered social |
| |
| 40 |
“relevant functions” means— |
| |
(a) | inspection functions; |
| |
(b) | national studies functions; and |
| |
| |
“reporting functions” means functions relating to the |
| 45 |
production of reports by the Commission under— |
| |
| |
| |
|
| |
| |
(a) | section 139A of the Social Security Administration |
| |
| |
(b) | section 47A of this Act; |
| |
“section 139A inspector” means a person authorised under |
| |
section 139A of the Social Security Administration Act |
| 5 |
1992 (c. 5) (persons authorised to report on the |
| |
administration of housing benefit and council tax benefit), |
| |
other than the Commission. |
| |
| |
| 10 |
Inspection programmes and inspection frameworks |
| |
4 (1) | The Commission must from time to time, or at such times as the |
| |
Secretary of State may specify by order, prepare— |
| |
(a) | a document setting out what Audit Commission |
| |
inspections it proposes to carry out (an “inspection |
| 15 |
| |
(b) | a document setting out the way in which it proposes to |
| |
carry out its functions of inspecting and reporting so far as |
| |
they relate to Audit Commission inspections (an |
| |
| 20 |
(2) | Before preparing an inspection programme or an inspection |
| |
framework, the Commission must consult— |
| |
(a) | the Secretary of State, |
| |
(b) | the inspection authorities, and |
| |
(c) | any other person or body specified by an order made by |
| 25 |
| |
| and it must send to each of the persons or bodies referred to in |
| |
paragraph (a), (b) or (c) a copy of each programme or framework |
| |
| |
(3) | Sub-paragraph (2) does not require the Commission to consult, or |
| 30 |
to send copies of documents to, a person or body mentioned in |
| |
paragraph (b) or (c) of that sub-paragraph in cases or |
| |
circumstances in relation to which the Commission and that |
| |
person or body have agreed to waive the requirement. |
| |
(4) | The Secretary of State may by order specify the form that |
| 35 |
inspection programmes or inspection frameworks must take. |
| |
Inspections by other inspectors of organisations within the Commission’s remit |
| |
| |
(a) | a specified inspector is proposing to carry out an |
| |
inspection that would involve inspecting a specified |
| 40 |
| |
(b) | the Commission considers that the proposed inspection |
| |
would impose an unreasonable burden on the specified |
| |
organisation, or would do so if carried out in a particular |
| |
| 45 |
| |
| |
|
| |
| |
| the Commission must, subject to sub-paragraph (6), give a notice |
| |
to the specified inspector requiring the inspector not to carry out |
| |
the proposed inspection, or not to carry it out in that way. |
| |
(2) | In this paragraph “specified inspector” means— |
| |
(a) | an inspection authority; |
| 5 |
(b) | a section 139A inspector; or |
| |
(c) | any other person or body specified by order made by the |
| |
| |
(3) | In this paragraph “specified organisation” means a person or body |
| |
specified by order made by the Secretary of State. |
| 10 |
(4) | A person or body may be specified under sub-paragraph (3) in |
| |
relation to particular functions. |
| |
(5) | In the case of a person or body so specified, sub-paragraph (1)(a) |
| |
is to be read as referring to an inspection that would involve |
| |
inspecting the discharge by that person or body of any of the |
| 15 |
functions in relation to which it is specified. |
| |
(6) | The Secretary of State may by order specify cases or circumstances |
| |
in which a notice need not, or may not, be given under this |
| |
| |
(7) | Where a notice is given under this paragraph, the proposed |
| 20 |
inspection must not be carried out, or (as the case may be) must |
| |
not be carried out in the way mentioned in the notice; but this is |
| |
subject to sub-paragraph (8). |
| |
(8) | The Secretary of State, if satisfied that the proposed inspection— |
| |
(a) | would not impose an unreasonable burden on the |
| 25 |
specified organisation in question, or |
| |
(b) | would not do so if carried out in a particular way, |
| |
| may give consent to the inspection being carried out, or being |
| |
| |
(9) | The Secretary of State may by order make provision |
| 30 |
supplementing this paragraph, including in particular |
| |
| |
(a) | about the form of notices; |
| |
(b) | prescribing the period within which notices are to be |
| |
| 35 |
(c) | prescribing circumstances in which notices are, or are not, |
| |
| |
(d) | for revising or withdrawing notices; |
| |
(e) | for setting aside notices not validly given. |
| |
| 40 |
6 | The Commission must co-operate with— |
| |
(a) | the inspection authorities, |
| |
(b) | section 139A inspectors, and |
| |
(c) | any other public authority specified by order made by the |
| |
| 45 |
| |
| |
|
| |
| |
| where it is appropriate to do so for the efficient and effective |
| |
discharge of any of its relevant functions. |
| |
| |
7 | The Commission may act jointly with— |
| |
(a) | an inspection authority, and |
| 5 |
(b) | a section 139A inspector, |
| |
| where it is appropriate to do so for the efficient and effective |
| |
discharge of any of its relevant functions. |
| |
| |
8 (1) | The Commission may delegate any of its relevant functions (to |
| 10 |
such extent as it may determine) to— |
| |
(a) | an inspection authority; |
| |
(b) | any other public authority specified by an order made by |
| |
| |
(2) | If the carrying out of an Audit Commission inspection, or any |
| 15 |
study referred to in the definition of “national studies functions” |
| |
in paragraph 3, is delegated under sub-paragraph (1) it is |
| |
nevertheless to be regarded for the purposes of any enactment as |
| |
carried out by the Commission. |
| |
Advice or assistance for other public authorities |
| 20 |
9 (1) | The Commission may, if it thinks it appropriate to do so, provide |
| |
advice or assistance to another public authority for the purpose of |
| |
the exercise by that authority of its functions. |
| |
(2) | Advice or assistance under this paragraph may be provided on |
| |
such terms, including terms as to payment, as the Commission |
| 25 |
| |
(3) | In sub-paragraph (1), the reference to another public authority |
| |
includes a public authority outside the United Kingdom. |
| |
Inspections carried out under arrangements |
| |
10 (1) | The Commission may make arrangements with an inspection |
| 30 |
authority to carry out, on behalf of that authority, inspections in |
| |
England of any institution or matter which the Commission is not |
| |
required or authorised to carry out by virtue of any other |
| |
| |
(2) | Inspections under this paragraph may be carried out on such |
| 35 |
terms, including terms as to payment, as the Commission thinks |
| |
| |
| |
| |
|
