Local Government and Public Involvement in Health Bill

House of Lords

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
116

Miscellaneous
164
Appointment of auditors
In section 3(6) of the Audit Commission Act 1998 (c. 18) (appointment of firm
as auditor) for “each of its members” substitute “the appointment provides that
the audit may be conducted only by a member or employee of the firm who”.
5
165
Inspection and disclosure of personal information
(1)
Section 15 of the Audit Commission Act 1998 (inspection of documents and
questions at audit) is amended as follows.
(2)
In subsection (3) for “about a member of the staff of the body whose accounts
are being audited” substitute “within the meaning of subsection (3A) or (4)”.
10
(3)
After subsection (3) insert—
“(3A)
Information is personal information if—
(a)
it identifies a particular individual or enables a particular
individual to be identified; and
(b)
the auditor considers that it should not be inspected or
15
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”.
166
Right to make objections at audit
20
(1)
Section 16 of the Audit Commission Act 1998 (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”.
(3)
For subsections (2) and (3) substitute—
25
“(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
so far as it relates to accounts prepared for a period beginning before the
30
commencement of this section.
167
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.
(2)
In subsection (1), for “undertake the audit of” substitute “appoint an auditor to
35
audit”.
(3)
After subsection (1) insert—
“(1A)
An auditor appointed under subsection (1) may be—

Local Government and Public Involvement in Health Bill
Part 8 — Local services: inspection and audit
Chapter 2 — Audit Commission and auditors: functions and procedure
117

(a)
an officer of the Commission,
(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”.
168
Consent for the purposes of agreed audit
5
In section 29 of the Audit Commission Act 1998 (c. 18) (agreed audit of
accounts), 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
10
publish in any manner—
(a)
a consent that he has given for the purposes of subsection (1);
(b)
any matter related to the consent.”
169
Disclosure of information obtained by the Audit Commission or an auditor
(1)
The Audit Commission Act 1998 is amended as follows.
15
(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
for the purposes of the Freedom of Information Act 2000, may also
20
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
function imposed or conferred on the person by or under an
25
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
performance of a function imposed or conferred on the auditor by or
30
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.
(2D)
Section 49ZA makes further provision about consent for the purposes
35
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
months or” and “or to both; or”;
40
(c)
omit paragraph (b).

Local Government and Public Involvement in Health Bill
Part 8 — Local services: inspection and audit
Chapter 2 — Audit Commission and auditors: functions and procedure
118

(5)
After that section insert—
“49ZA
Consent under section 49(2C)
(1)
Consent for the purposes of section 49(2C) must be obtained in
accordance with this section.
(2)
A person requesting consent (“the applicant”) must make a request for
5
consent which—
(a)
is in writing,
(b)
states the name of the applicant and an address for
correspondence,
(c)
describes the information in relation to which consent is
10
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
conferred on the Commission or an auditor by or under an enactment.
15
(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)
must contain the reasons for the refusal.
20
(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,
Christmas Day, Good Friday or a day which is a bank holiday under the
25
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).
(7)
Nothing in this section has effect in relation to a disclosure made before the
30
commencement of this section.
170
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
35
where the publication would, or would be likely to, prejudice the
effective performance of a function imposed or conferred on the
Commission or an auditor by or under an enactment.”.

Local Government and Public Involvement in Health Bill
Part 8 — Local services: inspection and audit
Chapter 3 — Auditor General for Wales and auditors
119

Chapter 3
Auditor General for Wales and auditors
171
Registered social landlords in Wales
After section 145C of the Government of Wales Act 1998 (c. 38) insert—
“145D
Advice and assistance for registered social landlords
5
(1)
The Auditor General for Wales may, if he thinks it appropriate to do so,
provide advice or assistance to a registered social landlord in Wales for
the purpose of the exercise by the registered social landlord of its
functions.
(2)
Advice or assistance under this section may be provided on such terms
10
and conditions, including conditions as to payment, as the Auditor
General for Wales thinks fit.
(3)
This section has effect without prejudice to paragraph 21 of Schedule 8
to the Government of Wales Act 2006 (arrangements between Auditor
General for Wales and certain bodies).
15
(4)
In this section, “registered social landlord in Wales” means a body
which is—
(a)
registered as a social landlord under Chapter 1 of Part 1 of the
Housing Act 1996, and
(b)
mentioned in any of paragraphs (a) to (c) of section 56(2) of that
20
Act.”
172
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.
(2)
In section 54 of that Act (restriction on disclosure of information), after
25
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—
(a)
in accordance with section 145C(5) or (8) of the Government of
30
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
enactment.
35
(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
performance of a function imposed or conferred on the auditor by or
under an enactment.
40
(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.

Local Government and Public Involvement in Health Bill
Part 8 — Local services: inspection and audit
Chapter 3 — Auditor General for Wales and auditors
120

(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—
5
(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)
10
(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,
15
(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.
20
(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
25
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
30
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
35
Kingdom.”.
(7)
Omit section 54A of that Act (disclosure of information by or on behalf of
public authorities).
(8)
Nothing in this section has effect in relation to a disclosure made before the
commencement of this section.
40

Local Government and Public Involvement in Health Bill
Part 9 — The Commission for Local Administration in England
121

Part 9
The Commission for Local Administration in England
173
Appointment and removal of Commissioners
(1)
Section 23 of the Local Government Act 1974 (c. 7) (appointment and removal
of Commissioners) is amended as follows.
5
(2)
In subsection (4) (appointment of Commissioners) omit from “after
consultation” to the end.
(3)
After subsection (4) insert—
“(4A)
Subject to subsections (5) to (6), a Commissioner shall hold and vacate
office in accordance with the terms of his appointment.”
10
(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
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
15
years.
(5B)
A Commissioner shall, subject to subsection (6), hold office until the
end of the period for which he is appointed.”
(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
20
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-
appointment.”
174
Responsibilities of Commissioners
25
(1)
Section 23 of the Local Government Act 1974 (appointment and removal of
Commissioners) is amended as follows.
(2)
For subsections (8) and (9) (allocation of cases by geographic area) substitute—
“(8A)
The Commission must—
(a)
divide the matters which may be investigated under this Part of
30
this Act into such categories as they consider appropriate, and
(b)
allocate, or make arrangements for allocating, responsibility for
each category of matter to one or more of the Local
Commissioners.”
(3)
In subsection (10)(a), for “to accept cases for which they are not responsible”
35
substitute “to deal with matters for which they do not have responsibility
pursuant to subsection (8A)”.