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Local Government Bill


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

    64

 

Audit Commission

 106   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

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

5

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

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

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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”.

 107   Auditors’ public interest reports: publicity

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

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       “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.”

 

 

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

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 108   Registered social landlords

     (1)    After section 41 of the Audit Commission Act 1998 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;

5

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

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.

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

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

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registered social landlord concerned and to the Relevant

Authority;

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

in respect of a report.

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

20

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.

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

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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

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

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                  (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

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

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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

the appropriate person thinks necessary or expedient.

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           (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

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

45

Assembly for Wales is the Relevant Authority, the Assembly.

 

 

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

    66

 

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

(1), consult—

                  (a)                 the Commission and the Housing Corporation, and

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

registered social landlords affected by his proposals.

5

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

subsection (1), consult—

                  (a)                 the Commission, and

                  (b)                 persons appearing to the Assembly to represent registered

social landlords affected by its proposals.

10

           (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—

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

                  (b)                 persons appearing to the Commission to represent registered

15

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

National Assembly for Wales, consult—

                  (a)                 the Assembly, and

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                  (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—

30

        “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.”

 109   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

40

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.

 

 

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

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

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.

5

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

Authorities and the National Health Service in England and Wales.

 110   Delegation

After paragraph 11 of Schedule 1 to the Audit Commission Act 1998 (c. 18),

there is inserted—

10

“Delegation

        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),

15

or

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

Other

 111   Standards Board for England: delegation

In Schedule 4 to the Local Government Act 2000 (c. 22) (Standards Board for

20

England), after paragraph 9 there is inserted—

“Delegation

        9A                The Standards Board may delegate any of its functions to—

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

                    (b)                   an individual member of the Board, or

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                    (c)                   an officer or servant of the Board.”

 112   Standards committees and monitoring officers: delegation

     (1)    In Chapter 1 of Part 3 of the Local Government Act 2000 (conduct of local

government members), after section 54 there is inserted—

       “54A            Sub-committees of standards committees

30

           (1)           A standards committee of a relevant authority may appoint one or

more sub-committees for the purpose of discharging any of the

committee’s functions, whether or not to the exclusion of the

committee.

           (2)           Subsection (1) does not apply to functions under section 55 or 56.

35

           (3)           A sub-committee under subsection (1) shall be appointed from among

the members of the standards committee by which it is appointed.

 

 

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

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           (4)           As regards sub-committees appointed under subsection (1) by a

standards committee of a relevant authority in England or of a police

authority in Wales—

                  (a)                 regulations under section 53(6)(a) and (c) to (g) may make

provision in relation to such sub-committees, and

5

                  (b)                 sections 53(7), (8) and (10) and 54(4) and (6) apply in relation to

such sub-committees as they apply in relation to standards

committees.

           (5)           As regards sub-committees appointed under subsection (1) by a

standards committee of a relevant authority in Wales other than a

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police authority—

                  (a)                 regulations under section 53(11) may make provision in relation

to such sub-committees, and

                  (b)                 section 54(5) and (7) apply in relation to such sub-committees as

they apply in relation to standards committees.

15

           (6)           Subject to any provision made by regulations under section 53(6)(a) or

(11)(a) (as applied by this section)—

                  (a)                 the number of members of a sub-committee under subsection

(1), and

                  (b)                 the term of office of those members,

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                         are to be fixed by the standards committee by which the sub-committee

is appointed.”

     (2)    In Chapter 5 of that Part (conduct in local government: supplementary), after

section 82 there is inserted—

“Delegation by monitoring officers

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       82A            Monitoring officers: delegation of functions under Part 3

           (1)           This section applies to functions of a monitoring officer of a relevant

authority in relation to matters referred to him under section 60(2),

64(2), 70(4) or 71(2).

           (2)           Where the monitoring officer considers that in a particular case he

30

himself ought not to perform particular functions to which this section

applies, those particular functions shall in that case be performed

personally by a person nominated for the purpose by the monitoring

officer.

           (3)           Where a deputy nominated by the monitoring officer under section 5(7)

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of the Local Government and Housing Act 1989 (nomination of

member of monitoring officer’s staff to act as deputy when monitoring

officer absent or ill) considers that in a particular case he himself ought

not to perform particular functions—

                  (a)                 to which this section applies, and

40

                  (b)                 which, by reason of the absence or illness of the monitoring

officer, would but for this subsection fall to be performed by the

deputy,

                         those particular functions shall, while the monitoring officer continues

to be unable to act by reason of absence or illness, be performed in that

45

case personally by a person nominated for the purpose by the deputy.

 

 

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

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           (4)           Where functions to which this section applies are to be performed by a

person nominated under subsection (2) or (3) who is an officer of the

relevant authority, the authority shall provide the officer with such

staff, accommodation and other resources as are, in the officer’s

opinion, sufficient to allow those functions to be performed.

5

           (5)           Where functions to which this section applies are to be performed by a

person nominated under subsection (2) or (3) who is not an officer of

the relevant authority, the authority shall—

                  (a)                 pay the person a reasonable fee for performing the functions,

                  (b)                 reimburse expenses properly incurred by the person in

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performing the functions, but only to the extent that the amount

of the expenses is reasonable, and

                  (c)                 provide the person with such staff, accommodation and other

resources as are reasonably necessary for the person’s

performance of the functions.”

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     (3)    In section 5 of the Local Government and Housing Act 1989 (c. 42) (designation

etc. of monitoring officers), after subsection (7) there is inserted—

           “(7A)              Subsection (7) above shall have effect subject to section 82A of the Local

Government Act 2000 (monitoring officers: delegation of functions

under Part 3 of that Act).”

20

 113   Paid time off for councillors not to be political donation

     (1)    In paragraph 4(1) of Schedule 7 to the Political Parties, Elections and

Referendums Act 2000 (c. 41) (matters that are not donations), after paragraph

(a) there is inserted—

                    “(aa)                      remuneration allowed to an employee by his employer if the

25

employee is a member of a local authority and the

remuneration is in respect of time the employer permits the

employee to take off during the employee’s working hours

for qualifying business—

                           (i)                          of the authority,

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                           (ii)                         of any body to which the employee is appointed by,

or is appointed following nomination by, the

authority or a group of bodies that includes the

authority, or

                           (iii)                        of any other body if it is a public body;”.

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     (2)    In paragraph 4 of that Schedule, after sub-paragraph (3) there is inserted—

                       “(4)                In sub-paragraph (1)(aa)—

                      “employee” and “employer”—

                            (a)                           in relation to England and Wales, and Scotland, have

the same meaning as in the Employment Rights Act

40

1996, and

                            (b)                           in relation to Northern Ireland, have the same

meaning as in the Employment Rights (Northern

Ireland) Order 1996;

                     “local authority” means a local authority in any part of the

45

United Kingdom, including the Common Council of the

City of London but excluding a parish or community

council;

 

 

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Part 8 — Miscellaneous and general
Chapter 1 — Miscellaneous

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                     “working hours” of an employee—

                            (a)                           in relation to England and Wales, and Scotland, has

the same meaning as in section 50 of the

Employment Rights Act 1996, and

                            (b)                           in relation to Northern Ireland, has the same

5

meaning as in Article 78 of the Employment Rights

(Northern Ireland) Order 1996;

                     “qualifying business”, in relation to a body, means—

                            (a)                           the doing of anything for the purpose of the

discharge of the functions of the body or of any of its

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committees or sub-committees, and

                            (b)                           where the body is a local authority operating

executive arrangements within the meaning of Part

2 of the Local Government Act 2000 and

arrangements exist for functions of any other body

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to be discharged by the authority’s executive or any

committee or member of the executive, the doing of

anything for the purpose of the discharge of those

functions.”

     (3)    Subsections (1) and (2) shall be deemed to have come into force on 16th

20

February 2001.

     (4)    The Electoral Commission shall remove from the register kept by it under

section 69 of the Political Parties, Elections and Referendums Act 2000 (c. 41)

any entry that they would not have been required to make had subsections (1)

and (2) actually been in force throughout the period beginning with 16th

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February 2001 and ending with the passing of this Act.

 114   Overview and scrutiny committees: voting rights of co-opted members

In Schedule 1 to the Local Government Act 2000 (c. 22) (further provision about

executive arrangements), after paragraph 11 there is inserted—

“Overview and scrutiny committees: voting rights of co-opted members

30

        12               (1)                A local authority in England may permit a co-opted member of an

overview and scrutiny committee of the authority to vote at meetings

of the committee.

                       (2)                Permission under sub-paragraph (1) may only be given in

accordance with a scheme made by the local authority.

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                       (3)                A scheme for the purposes of this paragraph may include—

                    (a)                   provision for a maximum or minimum in relation to the

number of co-opted members of an overview and scrutiny

committee entitled to vote at meetings of the committee, and

                    (b)                   provision for giving effect to any maximum or minimum

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established under paragraph (a).

                       (4)                The power to make a scheme for the purposes of this paragraph

includes power to vary or revoke such a scheme.

                       (5)                In this paragraph, references to a co-opted member, in relation to an

overview and scrutiny committee of a local authority, are to a

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member of the committee who is not a member of the authority.

 

 

 
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