Local Government Finance Act 1988

Local Government Finance Act 1982 (c. 32)

3 (1) The Local Government Finance Act 1982 shall be amended as follows.

(2) The following shall be substituted for section 12(3) (accounts subject to audit)—

“(3) This section also applies to—

(a) the accounts of the collection fund of the Common Council and the accounts of the City fund; and

(b) the accounts relating to the superannuation fund established and administered by the Common Council under the Local Government Superannuation Regulations 1974 as amended by the Local Government Superannuation (City of London) Regulations 1977;

and any reference in this Part of this Act to the accounts of a body shall be construed, in relation to the Common Council, as a reference to the accounts mentioned in paragraphs (a) and (b) above.”

(3) The following shall be inserted after section 25A (power of auditor to issue prohibition order)—

“25AA Restriction on power to issue prohibition order

(1) In a case where—

(a) a report is made under section 114(2) of the Local Government Finance Act 1988 (the 1988 Act), and

(b) copies of the report are sent in accordance with section 114(4) of the 1988 Act,

during the relevant period no prohibition order may be issued as regards any decision, course of action or item of account which led to the report being made.

(2) For the purposes of subsection (1) above the relevant period is the period—

(a) beginning with the day on which copies of the report are sent, and

(b) ending with the day (if any) on which the body’s consideration of the report under section 115(2) of the 1988 Act begins.

(3) If section 115(3) of the 1988 Act is not complied with, it is immaterial for the purposes of subsection (2)(b) above.”

(4) In section 29 (miscellaneous functions of Audit Commission for Local Authorities in England and Wales) at the end of subsection (1) there shall be inserted “or

(c) for certifying the body’s calculation under paragraph 5(6)(b) of Schedule 8 to the Local Government Finance Act 1988 of the amount of its non-domestic rating contribution for a financial year, and for certifying the amount calculated.”

(5) Sub-paragraphs (2) and (4) above shall have effect for financial years beginning in or after 1990.