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Local Government Bill


Local Government Bill
Part 8 — Miscellaneous and general
Chapter 1 — Miscellaneous

    61

 

           (b)           election for councillors in England and Wales are the same) in relation

to elections in Wales in 2004.

     (3)    Where the Secretary of State makes an order under section 104, the National

Assembly for Wales may by order make in relation to elections in Wales such

consequential provision, including provision excluding or modifying the

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application of any enactment, as it thinks fit.

     (4)    Before making an order under this section, the National Assembly for Wales

must consult—

           (a)           the Electoral Commission, and

           (b)           such other persons or bodies as it considers appropriate.

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     (5)    Subsection (4) may be satisfied by consultation before, as well as by

consultation after, the commencement of this section.

     (6)    In subsection (1), “local government area” has the same meaning as in the

Representation of the People Act 1983 (c. 2).

     (7)    In subsection (3) “enactment” includes an enactment comprised in secondary

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legislation within the meaning of the Interpretation Act 1978 (c. 30).

Valuation Tribunal Service

 106   The Valuation Tribunal Service

     (1)    There shall be a body corporate to be known as the Valuation Tribunal Service

(referred to in this section, section 107 and Schedules 4 and 5 as “the Service”).

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     (2)    The Service shall have the following functions in relation to valuation tribunals

in England—

           (a)           providing, or arranging for the provision of, the services required for

the operation of tribunals, in particular—

                  (i)                 accommodation,

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                  (ii)                staff (including clerks to tribunals),

                  (iii)               information technology,

                  (iv)                equipment, and

                  (v)                 training for members and staff of (including clerks to) tribunals;

           (b)           giving general advice about procedure in relation to proceedings before

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tribunals.

     (3)    The Service shall provide the Secretary of State with such information, advice

and assistance as he may require.

     (4)    The Service may do anything which it considers is calculated to facilitate, or is

conducive or incidental to, the carrying out of its functions.

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     (5)    The Service shall carry out its functions with respect to valuation tribunals in

the manner which it considers best calculated to secure their efficient and

independent operation.

     (6)    The Service shall, in relation to its functions with respect to valuation tribunals,

consult the tribunals concerned about the carrying out of its functions.

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     (7)    The Secretary of State may—

 

 

Local Government Bill
Part 8 — Miscellaneous and general
Chapter 1 — Miscellaneous

    62

 

           (a)           after consultation with the Service, give directions to it for the purpose

of securing the effective carrying out of its functions, and

           (b)           issue guidance to the Service about the carrying out of its functions.

     (8)    The Service shall, in carrying out its functions—

           (a)           comply with any directions under subsection (7)(a), and

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           (b)           have regard to any guidance under subsection (7)(b).

     (9)    Schedule 4 (which makes further provision about the Service) has effect.

 107   Transfer to Service of property, rights and liabilities

     (1)    The Secretary of State may make one or more schemes for the transfer to the

Service of—

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           (a)           such of his property, rights and liabilities, or

           (b)           such of the property, rights and liabilities of a valuation tribunal in

England,

            as appear to him to be appropriate to be transferred for the performance of the

Service’s functions.

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     (2)    On the day appointed by a transfer scheme for the coming into force of the

scheme, the property, rights and liabilities which are the subject of the scheme

shall, by virtue of this subsection, be transferred in accordance with the

provisions of the scheme.

     (3)    Schedule 5 (which makes further provision in relation to transfer schemes) has

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effect.

Audit Commission

 108   Auditors’ public interest reports: time allowed for consideration

     (1)    The Audit Commission Act 1998 (c. 18) is amended as follows.

     (2)    In section 11(4) (body subject to audit must consider section 8 report or section

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11(3) recommendation within four months of its being sent), for “four months”

there is substituted “one month”.

     (3)    In section 11(6) (auditor’s power to extend time limit), for “four months” there

is substituted “one month”.

     (4)    In section 11A(8) (Mayor and Assembly must consider section 8 report or

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section 11(3) recommendation within four months of its being sent to the

Greater London Authority), for “four months” substitute “one month”.

     (5)    In section 11A(9) (auditor’s power to extend time limit), for “four months”

there is substituted “one month”.

 109   Auditors’ public interest reports: publicity

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After section 13 of the Audit Commission Act 1998 there is inserted—

 

 

Local Government Bill
Part 8 — Miscellaneous and general
Chapter 1 — Miscellaneous

    63

 

       “13A            Additional publicity for non-immediate reports

           (1)           This section applies where under section 10(1) an auditor has sent a

report that is not an immediate report to a body or its chairman, except

where the body is a health service body.

           (2)           The auditor may—

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                  (a)                 notify any person he thinks fit of the fact that he has made the

report,

                  (b)                 publish the report in any way he thinks fit, and

                  (c)                 supply a copy of the report, or of any part of it, to any person he

thinks fit.

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           (3)           From the time when the report is sent under section 10(1), but subject

to subsection (4)—

                  (a)                 the auditor shall ensure that any member of the public may—

                        (i)                        inspect the report at all reasonable times without

payment, and

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                        (ii)                       make a copy of the report or of any part of it;

                  (b)                 any member of the public may require the auditor to supply

him with a copy of the report, or of any part of it, on payment of

a reasonable sum.

           (4)           From the end of the period of one year beginning with the day when

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the report is sent under section 10(1), the obligations of the auditor

under subsection (3)—

                  (a)                 cease to be his obligations, but

                  (b)                 become obligations of the Commission instead.”

 110   Registered social landlords

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     (1)    After section 41 of the Audit Commission Act 1998 (c. 18) there is inserted—

       “41A            Inspections of registered social landlords

           (1)           The Commission may carry out an inspection of—

                  (a)                 the quality of services provided by a registered social landlord;

                  (b)                 a registered social landlord’s arrangements for securing

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continuous improvement in the efficiency, effectiveness and

economy with which it provides services.

           (2)           Where the Commission has carried out an inspection under subsection

(1) it shall issue a report.

           (3)           A report under subsection (2) shall mention any matter that, as a result

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of the inspection, the Commission considers should be drawn

specifically to the attention of the Relevant Authority.

           (4)           The Commission—

                  (a)                 shall send a copy of a report under subsection (2) to the

registered social landlord concerned and to the Relevant

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Authority;

                  (b)                 may publish a report under subsection (2) and any information

in respect of a report.

 

 

Local Government Bill
Part 8 — Miscellaneous and general
Chapter 1 — Miscellaneous

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           (5)           Section 11 of the Local Government Act 1999 (best value inspections

under section 10: inspectors’ powers and duties, and offences) shall

apply for the purposes of an inspection of a registered social landlord

under subsection (1) of this section as it applies for the purposes of an

inspection of a best value authority under section 10 of that Act.

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           (6)           The Commission shall, when drawing up any programme of

inspections under subsection (1), consult the Relevant Authority.

       41B            Fees for inspections under section 41A

           (1)           The appropriate person may by order make provision of any of the

following kinds in relation to the charging of fees by the Commission

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in respect of inspections under section 41A(1)—

                  (a)                 provision authorising the Commission to prescribe a scale or

scales of fees in respect of inspections;

                  (b)                 provision governing the prescribing of scales;

                  (c)                 provision requiring a registered social landlord inspected

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under section 41A(1) to pay to the Commission any fee

applicable to the inspection in accordance with a scale

prescribed under provision of the kind mentioned in paragraph

(a);

                  (d)                 such incidental, consequential or supplementary provision as

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the appropriate person thinks necessary or expedient.

           (2)           In subsection (1) “the appropriate person” means—

                  (a)                 in relation to registered social landlords for which the Housing

Corporation is the Relevant Authority, the Secretary of State,

and

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                  (b)                 in relation to registered social landlords for which the National

Assembly for Wales is the Relevant Authority, the Assembly.

           (3)           The Secretary of State shall, before making an order under subsection

(1), consult—

                  (a)                 the Commission and the Housing Corporation, and

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                  (b)                 persons appearing to the Secretary of State to represent

registered social landlords affected by his proposals.

           (4)           The National Assembly for Wales shall, before making an order under

subsection (1), consult—

                  (a)                 the Commission, and

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                  (b)                 persons appearing to the Assembly to represent registered

social landlords affected by its proposals.

           (5)           The Commission shall, before prescribing a scale of fees that it is

authorised to prescribe by an order under subsection (1) made by the

Secretary of State, consult—

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                  (a)                 the Secretary of State and the Housing Corporation, and

                  (b)                 persons appearing to the Commission to represent registered

social landlords affected by its proposals.

           (6)           The Commission shall, before prescribing a scale of fees that it is

authorised to prescribe by an order under subsection (1) made by the

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National Assembly for Wales, consult—

                  (a)                 the Assembly, and

 

 

Local Government Bill
Part 8 — Miscellaneous and general
Chapter 1 — Miscellaneous

    65

 

                  (b)                 persons appearing to the Commission to represent registered

social landlords affected by its proposals.”

     (2)    In section 52(1) of that Act (orders and regulations to be made by statutory

instrument), after “the Secretary of State” there is inserted “or the National

Assembly for Wales”.

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     (3)    In paragraph 8(2) of Schedule 1 to that Act (categories of function in respect of

which Commission must over time balance income and expenditure), after

paragraph (c) there is inserted—

                    “(ca)                      its functions under section 41A relating to such landlords;”.

     (4)    After paragraph 8 of that Schedule there is inserted—

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        “8A                Each of—

                    (a)                   the Secretary of State, and

                    (b)                   the National Assembly for Wales,

                        may make grants to the Commission in respect of expenditure

incurred or to be incurred by the Commission in connection with the

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carrying-out of its functions under section 41A.”

 111   Financial year

     (1)    In Schedule 1 to the Audit Commission Act 1998 (c. 18) (which makes

provision about the Commission’s financial affairs), in paragraph 11(5) (which

defines “financial year” for the purposes of the Schedule as the 12 months

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ending with 31st October in any year) for “31st October” there is substituted

“31st March”.

     (2)    Subsection (1) shall apply in relation to financial years of the Commission

beginning after the one in which this section comes into force.

     (3)    In relation to the financial year of the Commission in which this section comes

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into force, Schedule 1 to the Audit Commission Act 1998 shall have effect as if

the period referred to in paragraph 11(5) were a period beginning with the 1st

November on which the year began and ending with the 31st March 17 months

later.

     (4)    In this section, “the Commission” means the Audit Commission for Local

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Authorities and the National Health Service in England and Wales.

 112   Delegation

After paragraph 11 of Schedule 1 to the Audit Commission Act 1998, there is

inserted—

“Delegation

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        11A                The Commission may delegate any of its functions to—

                    (a)                   a committee or sub-committee established by the

Commission (including a committee or sub-committee

including persons who are not members of the Commission),

or

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                    (b)                   an officer or servant of the Commission.”

 

 

 
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