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
Part 8 — Local services: inspection and audit
Chapter 2 — Audit Commission and auditors: functions and procedure
91

(b)
the auditor considers that it should not be inspected or
disclosed.”
(4)
In subsection (4), for the words from the beginning to “if it” substitute
“Information is personal information if it is information about a member of the
staff of the body whose accounts are being audited which”.
5
130
Right to make objections at audit
(1)
Section 16 of the Audit Commission Act 1998 (c. 18) (right to make objections
at audit) is amended as follows.
(2)
In subsection (1), for the words from “, or any representative” to “objections”
substitute “may make objections to the auditor”.
10
(3)
For subsections (2) and (3) substitute—
“(2)
An objection under subsection (1) must be sent to the auditor in writing.
(3)
At the same time as the objection is sent to the auditor, a copy of the
objection must be sent to the body whose accounts are being audited.”
(4)
Nothing in this section affects section 16 of the Audit Commission Act 1998 in
15
so far as it relates to accounts prepared for a period beginning before the
commencement of this section.
131
Appointment of auditor to carry out agreed audits
(1)
Section 29 of the Audit Commission Act 1998 (agreed audit of accounts) is
amended as follows.
20
(2)
In subsection (1), for “undertake the audit of” substitute “appoint an auditor to
audit”.
(3)
After subsection (1) insert—
“(1A)
An auditor appointed under subsection (1) may be—
(a)
an officer of the Commission,
25
(b)
an individual who is not an officer of the Commission, or
(c)
a firm of individuals who are not officers of the Commission.”
(4)
In subsection (2), after “the Commission” insert “, the auditor”.
132
Consent for the purposes of agreed audit
In section 29 of the Audit Commission Act 1998 (agreed audit of accounts),
30
after subsection (4) insert—
“(5)
Consent for the purposes of subsection (1) may be given in respect of
any particular body or description of body.
(6)
If the Secretary of State thinks fit he may notify any person of, or
publish in any manner—
35
(a)
a consent that he has given for the purposes of subsection (1);
(b)
any matter related to the consent.”

Local Government and Public Involvement in Health Bill
Part 8 — Local services: inspection and audit
Chapter 3 — Audit Commission and Auditor General for Wales: disclosure of information
92

133
Publication of information by the Audit Commission
For subsections (1) to (3) of section 51 of the Audit Commission Act 1998 (c. 18)
(publication of information by the Audit Commission) substitute—
“(1)
The Commission may publish such information as it thinks fit except
where the publication would, or would be likely to, prejudice the
5
effective performance of a function imposed or conferred on the
Commission or an auditor by or under an enactment.”.
Chapter 3
Audit Commission and Auditor General for Wales: disclosure of information
134
Disclosure of information obtained by the Audit Commission or an auditor
10
(1)
The Audit Commission Act 1998 is amended as follows.
(2)
In section 49 of that Act (restriction on disclosure of information) omit
subsection (1A).
(3)
After subsection (2) of that section insert—
“(2A)
A person who is, or acts on behalf of a person who is, a public authority
15
for the purposes of the Freedom of Information Act 2000, may also
disclose such information—
(a)
in accordance with section 41(4); or
(b)
in any other circumstances, except where the disclosure would,
or would be likely to, prejudice the effective performance of a
20
function imposed or conferred on the person by or under an
enactment.
(2B)
An auditor who does not fall within subsection (2A), or a person acting
on his behalf, may also disclose such information except where the
disclosure would, or would be likely to, prejudice the effective
25
performance of a function imposed or conferred on the auditor by or
under an enactment.
(2C)
A person who does not fall within subsection (2A) or (2B) may also
disclose such information in accordance with consent given by the
Commission or an auditor.
30
(2D)
Section 49ZA makes further provision about consent for the purposes
of subsection (2C).”.
(4)
In subsection (3) of that section—
(a)
for “subsection (1)” substitute “this section”;
(b)
in paragraph (a), omit “to imprisonment for a term not exceeding six
35
months or” and “or to both; or”;
(c)
omit paragraph (b).
(5)
After that section insert—
“49ZA
Consent under section 49(2C)
(1)
Consent for the purposes of section 49(2C) must be obtained in
40
accordance with this section.

Local Government and Public Involvement in Health Bill
Part 8 — Local services: inspection and audit
Chapter 3 — Audit Commission and Auditor General for Wales: disclosure of information
93

(2)
A person requesting consent (“the applicant”) must make a request for
consent which—
(a)
is in writing,
(b)
states the name of the applicant and an address for
correspondence,
5
(c)
describes the information in relation to which consent is
requested, and
(d)
identifies the person to whom the information will be disclosed.
(3)
Consent must be given except where the disclosure would, or would be
likely to, prejudice the effective performance of a function imposed or
10
conferred on the Commission or an auditor by or under an enactment.
(4)
Consent may be given or refused orally or in writing; but where it is
given or refused orally the consent or refusal must be confirmed in
writing.
(5)
A refusal (or, where the refusal is oral, the confirmation of the refusal)
15
must contain the reasons for the refusal.
(6)
A person to whom a request for consent is made must give or refuse
consent not later than the twentieth working day following the day on
which the request is received.
(7)
“Working day” means any day other than a Saturday, a Sunday,
20
Christmas Day, Good Friday or a day which is a bank holiday under the
Banking and Financial Dealings Act 1971 in any part of the United
Kingdom.”.
(6)
Omit section 49A of that Act (disclosure of information by or on behalf of
public authorities).
25
(7)
Nothing in this section has effect in relation to a disclosure made before the
commencement of this section.
135
Disclosure of information obtained by the Auditor General for Wales or an
auditor
(1)
The Public Audit (Wales) Act 2004 (c. 23) is amended as follows.
30
(2)
In section 54 of that Act (restriction on disclosure of information), after
subsection (2) insert—
“(2ZA)
A person who is, or acts on behalf of a person who is, a public authority
for the purposes of the Freedom of Information Act 2000, may also
disclose such information—
35
(a)
in accordance with section 145C(5) or (8) of the Government of
Wales Act 1998; or
(b)
in any other circumstances, except where the disclosure would,
or would be likely to, prejudice the effective performance of a
function imposed or conferred on the person by or under an
40
enactment.
(2ZB)
An auditor who does not fall within subsection (2ZA), or a person
acting on his behalf, may also disclose such information except where
the disclosure would, or would be likely to, prejudice the effective

Local Government and Public Involvement in Health Bill
Part 8 — Local services: inspection and audit
Chapter 3 — Audit Commission and Auditor General for Wales: disclosure of information
94

performance of a function imposed or conferred on the auditor by or
under an enactment.
(2ZC)
A person who does not fall within subsection (2ZA) or (2ZB) may also
disclose such information in accordance with consent given by the
Auditor General for Wales or an auditor.
5
(2ZD)
Section 54ZA makes further provision about consent for the purposes
of subsection (2ZC).”.
(3)
Omit subsection (2A) of that section.
(4)
In subsection (3) of that section, for “subsection (2)” substitute “this section”.
(5)
In subsection (4) of that section—
10
(a)
in paragraph (a), omit “to imprisonment for a term not exceeding six
months or” and “or to both;”;
(b)
omit paragraph (b).
(6)
After that section insert—
“54ZA
Consent under section 54(2ZC)
15
(1)
Consent for the purposes of section 54(2ZC) must be obtained in
accordance with this section.
(2)
A person requesting consent (“the applicant”) must make a request for
consent which—
(a)
is in writing,
20
(b)
states the name of the applicant and an address for
correspondence,
(c)
describes the information in relation to which consent is
requested, and
(d)
identifies the person to whom the information will be disclosed.
25
(3)
Consent must be given except where the disclosure would, or would be
likely to, prejudice the effective performance of a function imposed or
conferred on the Auditor General for Wales or an auditor by or under
an enactment.
(4)
Consent may be given or refused orally or in writing; but where it is
30
given or refused orally the consent or refusal must be confirmed in
writing.
(5)
A refusal (or, where the refusal is oral, the confirmation of the refusal)
must contain the reasons for the refusal.
(6)
A person to whom a request for consent is made must give or refuse
35
consent not later than the twentieth working day following the day on
which the request is received.
(7)
“Working day” means any day other than a Saturday, a Sunday,
Christmas Day, Good Friday or a day which is a bank holiday under the
Banking and Financial Dealings Act 1971 in any part of the United
40
Kingdom.”.
(7)
Omit section 54A of that Act (disclosure of information by or on behalf of
public authorities).

Local Government and Public Involvement in Health Bill
Part 9 — The Commission for Local Administration in England
95

(8)
Nothing in this section has effect in relation to a disclosure made before the
commencement of this section.
Part 9
The Commission for Local Administration in England
136
Appointment and removal of Commissioners
5
(1)
Section 23 of the Local Government Act 1974 (c. 7) (appointment and removal
of Commissioners) is amended as follows.
(2)
In subsection (4) (appointment of Commissioners) omit from “after
consultation” to the end.
(3)
After subsection (4) insert—
10
“(4A)
Subject to subsections (5) to (6), a Commissioner shall hold and vacate
office in accordance with the terms of his appointment.”
(4)
For subsection (5) substitute—
“(5)
A Commissioner’s appointment may be a full-time or part-time
appointment and, with the Commissioner’s consent, the terms of the
15
appointment may be varied as to whether it is full-time or part-time.
(5A)
A Commissioner must be appointed for a period of not more than 7
years.
(5B)
A Commissioner shall, subject to subsection (6), hold office until the
end of the period for which he is appointed.”
20
(5)
In subsection (6) (removal of Commissioners and obligation to vacate office at
end of year in which Commissioner attains age of 65) omit from “, and shall in
any case vacate office” to the end.
(6)
After subsection (6) insert—
“(6A)
A person appointed to be a Commissioner is not eligible for re-
25
appointment.”
137
Annual reports
(1)
Section 23A of the Local Government Act 1974 (annual reports) is amended as
follows.
(2)
In subsection (1), after “functions” insert “(an “annual report”)”.
30
(3)
In subsection (2)—
(a)
for “The report” substitute “The annual report”;
(b)
for “their own report” substitute “their annual report”.
(4)
In subsection (3), for “the report submitted by them under subsection (1)
above” substitute “the annual report”.
35
(5)
After subsection (3) insert—
“(3A)
The Commission must lay a copy of the annual report before
Parliament.”

Local Government and Public Involvement in Health Bill
Part 9 — The Commission for Local Administration in England
96

(6)
Omit subsections (4) and (5) (comments on Commission’s annual report).
138
Making complaints etc electronically
(1)
Part 3 of the Local Government Act 1974 (c. 7) (Commission for Local
Administration in England) is amended as follows.
(2)
In section 32 (law of defamation and disclosure of information), after
5
subsection (3) insert—
“(3A)
A notice under subsection (3) above may not be given electronically.”
(3)
In section 34 (interpretation of Part), after subsection (1) insert—
“(1A)
In this Part of this Act, except as otherwise provided, references to
something being done in writing are to it being done in writing whether
10
electronically or otherwise (and references to anything written shall be
interpreted accordingly).”
139
Expenses of the Commission
In Schedule 4 to the Local Government Act 1974 (the Commission) for
paragraphs 6 to 8 substitute—
15
“5A   (1)
The Secretary of State must pay to the Commission in respect of each
financial year such amount as he determines to be the amount
required for the discharge during that year of the functions of the
Commission.
      (2)
A determination under sub-paragraph (1) must be approved by the
20
Treasury.”
140
Delegation
In Schedule 4 to the Local Government Act 1974 (the Commission) at the end
insert—
“Delegation
25
13    (1)
Any function of a Commissioner may be discharged on the
Commissioner’s behalf—
(a)
by any person authorised by the Commissioner to do so, and
(b)
to the extent so authorised.
      (2)
Sub-paragraph (1) does not affect the responsibility of the
30
Commissioner for the discharge of the function.”

Local Government and Public Involvement in Health Bill
Part 10 — Ethical standards
Chapter 1 — Conduct of local authority members
97

Part 10
Ethical standards
Chapter 1
Conduct of local authority members
Codes of conduct
5
141
Conduct that may be covered by code
(1)
In section 49 of the Local Government Act 2000 (c. 22) (principles governing
conduct of members of relevant authorities), after subsection (2) insert—
“(2A)
The principles which may be specified under subsection (1) or (2)
include principles which are to apply at all times to a person who is a
10
member or co-opted member.”
(2)
In section 50 of that Act (model code of conduct), after subsection (4) insert—
“(4A)
The provisions which may be included in a model code of conduct
include provisions which are to apply at all times to a person who is a
member or co-opted member.”
15
(3)
In section 51 of that Act (duty of relevant authorities to adopt codes of
conduct), after subsection (4) insert—
“(4A)
The provisions which may be included under subsection (4)(c) include
provisions which are to apply at all times to a person who is a member
or co-opted member.”
20
(4)
In section 52 of that Act (duty to comply with code of conduct), in each of
subsections (1) to (4), omit the words “in performing his functions”.
(5)
Subsection (6) below applies where immediately before the commencement
date a person is a member or co-opted member of a relevant authority and not
prevented by any provision of section 52 of that Act from acting as such.
25
(6)
The coming into force of this section shall not have the effect of preventing the
person from acting as a member or co-opted member of the relevant authority,
but—
(a)
he must before the end of the prescribed period give to that authority a
written undertaking that he will observe the authority’s code of
30
conduct for the time being; and
(b)
if he fails to comply with paragraph (a), he shall cease to be a member
or co-opted member at the end of that period.
(7)
With effect from the commencement date—
(a)
any order under section 49 or 50 of the Local Government Act 2000, and
35
(b)
any code of conduct of a relevant authority,

which is in force immediately before that date shall have effect as if the
amendments made by this section had always had effect.
(8)
Subsection (7) does not affect the operation of any order or code in relation to
any time before the commencement date.
40