|
| |
| |
(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 |
| |
| 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”. |
| |
| 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 |
| |
| 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. |
| |
| 30 |
| |
Benefit Fraud Inspectorate: transfer schemes |
| |
| |
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 |
| |
| 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(b) | has effect from the transfer date as if originally made between the |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. |
| |
| |
| |
|
| |
| |
(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 |
| |
| |
(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 |
| |
(b) | the transfer does not break the continuity of the period of |
| |
| |
(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; |
| |
| |
(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 |
| |
| 35 |
(a) | whether or not they would otherwise be capable of being transferred |
| |
| |
(b) | irrespective of any requirement for consent that would otherwise |
| |
| |
(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 |
| |
| |
| |
| |
|
| |
| |
(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 153(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 |
| |
| |
| |
| |
|
