Search Legislation

Local Audit and Accountability Act 2014

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes to legislation:

Local Audit and Accountability Act 2014, SCHEDULE 12 is up to date with all changes known to be in force on or before 19 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to Schedule 12:

  • Sch. 12 para. 45 coming into force by S.I. 2015/841 art. 4 (This effect not applied to legislation.gov.uk. Art. 4 amended (27.6.2016) by S.I. 2016/675, art. 2(3))
  • specified provision(s) amendment to earlier commencing S.I. 2015/841 by S.I. 2016/675 art. 2

Section 45

SCHEDULE 12E+WRelated amendments

This schedule has no associated Explanatory Notes

Public Health Act 1875 (c. 55)E+W

1E+WIn section 265 of the Public Health Act 1875 (protection of members etc of authorities: exception for liability under section 17 or 18 of the Audit Commission Act 1998), omit the words from “Provided that” to “Audit Commission Act 1998”.

Commencement Information

I1Sch. 12 para. 1 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

Prison Act 1952 (c. 52)E+W

2(1)Schedule A1 to the Prison Act 1952 (further provision about Her Majesty's Chief Inspector of Prisons) is amended as follows.E+W

(2)In paragraph 2(2) (duty to consult on inspection programme or inspection framework) omit paragraph (h) (the Audit Commission).

(3)In paragraph 3(2) (power to prevent inspection by other person or body) omit paragraph (e) (the Audit Commission).

(4)In paragraph 4 (duty to co-operate) omit paragraph (h) (the Audit Commission).

(5)In paragraph 6 (assistance for other public authorities)—

(a)after sub-paragraph (1) insert—

(1A)The Chief Inspector may do anything the Chief Inspector thinks appropriate to facilitate the carrying out of an inspection under section 10 of the Local Government Act 1999 (inspection of best value authorities)., and

(b)for sub-paragraph (2) substitute—

(2)Anything done under this paragraph may be done on such terms (including terms as to payment) as the Chief Inspector thinks fit.

Commencement Information

I2Sch. 12 para. 2(1) in force at 4.4.2014 for specified purposes by S.I. 2014/900, art. 2(l)(i)

I3Sch. 12 para. 2(1) in force at 1.4.2015 in so far as not already in force by S.I. 2015/841, art. 3(x)

I4Sch. 12 para. 2(2)-(4) in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

I5Sch. 12 para. 2(5) in force at 4.4.2014 by S.I. 2014/900, art. 2(l)(i)

Transport Act 1968 (c. 73)E+W

3E+WIn section 14 of the Transport Act 1968 (accounts of Passenger Transport Executives), for the subsection (3) that extends to England and Wales substitute—

(3)As soon as the accounts of the Executive for any accounting period have been audited in accordance with the Local Audit and Accountability Act 2014, they must send a copy of the statement of accounts prepared by them for that period under section 3 of that Act, together with a copy of the auditor's opinion on that statement—

(a)to the Secretary of State,

(b)to the Authority, and

(c)to each of the councils of the districts comprised in the county which is coterminous with or includes the Executive's area.

Commencement Information

I6Sch. 12 para. 3 in force at 1.4.2015 by S.I. 2015/841, art. 3(x) (with Sch. paras. 1, 7) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

Local Government Act 1972 (c. 70)E+W

4E+WThe Local Government Act 1972 is amended as follows.

Commencement Information

I7Sch. 12 para. 4 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

5E+WIn section 86(1)(b) (disqualifications from being local authority member that do not trigger a declaration of vacancy), for the words from “under the Audit Commission Act 1998” to “or by virtue of” substitute “ under section 79 of the Local Government Act 2000 or section 34 of the Localism Act 2011 or by virtue of ”.

Commencement Information

I8Sch. 12 para. 5 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

6E+WIn section 87(1)(d) (date of vacancy in local authority membership in case of disqualification under the Audit Commission Act 1998)—

(a)for the words from “under the Audit Commission Act 1998” to “or by virtue of a” substitute “ by virtue of a ”, and

(b)omit “relevant order or decision under that Act or (as the case may be) that”.

Commencement Information

I9Sch. 12 para. 6 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

7E+WIn section 137(7A) (requirement for separate account for expenditure under that section)—

(a)for “section 14 of the Audit Commission Act 1998 (rights of inspection)” substitute “ section 25 of the Local Audit and Accountability Act 2014 (inspection of statements of accounts etc) ”, and

(b)for “regulations under section 27” substitute “ section 3(3) ”.

Commencement Information

I10Sch. 12 para. 7 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

8E+WSection 246(15) of the Local Government Act 1972 continues to have effect with the amendment made by paragraph 5(5) of Schedule 5 to the Local Government Finance Act 1982, that is with the substitution for “Sections 154 to 168 above” of “Section 168 above”.

Commencement Information

I11Sch. 12 para. 8 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

House of Commons Disqualification Act 1975 (c. 24)E+W

9E+WIn Part 3 of Schedule 1 to the House of Commons Disqualification Act 1975—

(a)omit the entry for the Controller of Audit appointed under paragraph 7(1) of Schedule 1 to the Audit Commission Act 1998, and

(b)omit the entry for any member of the Audit Commission for Local Authorities and the National Health Service in England in receipt of remuneration.

Commencement Information

I12Sch. 12 para. 9 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

Local Government, Planning and Land Act 1980 (c. 65)E+W

10E+WIn section 2(7) of the Local Government, Planning and Land Act 1980 (recommended ways for local authorities to publish information), for paragraph (b) substitute—

(b)its inclusion in a statement of accounts prepared by an authority to which this section applies in accordance with section 3 of the Local Audit and Accountability Act 2014 or regulations under section 39 of the Public Audit (Wales) Act 2004 or in an abstract of accounts prepared by such an authority in accordance with regulations under section 105 of the Local Government (Scotland) Act 1973; or.

Commencement Information

I13Sch. 12 para. 10 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

Building Act 1984 (c. 55)E+W

11E+WIn section 115 of the Building Act 1984 (protection of members etc of authorities) omit subsection (3) (exception for liability under section 17 or 18 of the Audit Commission Act 1998).

Commencement Information

I14Sch. 12 para. 11 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

Further Education Act 1985 (c. 47)E+W

12E+WIn section 3(4) of the Further Education Act 1985 (duty of local authorities to keep accounts in addition to accounts under Audit Commission Act 1998), for “section 27 of the Audit Commission Act 1998” substitute “ section 3 of the Local Audit and Accountability Act 2014 ”.

Commencement Information

I15Sch. 12 para. 12 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

Transport Act 1985 (c. 67)E+W

13(1)Section 76 of the Transport Act 1985 (audit of accounts of public transport companies) is amended as follows.E+W

(2)For subsection (1) substitute—

(1A)In a case where a public transport company's controlling authority are—

(a)a county council or county borough council in Wales, or

(b)a composite authority of which both or all the constituent councils are county councils or county borough councils in Wales,

it shall be the duty of the controlling authority to exercise their control over that company so as to ensure that the company appoints as auditors of the company only persons who, in addition to meeting the requirements of Part 42 of the Companies Act 2006 (statutory auditors), are approved for appointment as such auditors by the Auditor General for Wales.

(1B)In any other case, it shall be the duty of a public transport company's controlling authority to exercise their control over that company so as to ensure that the company appoints as auditors of the company only persons who meet the requirements of Part 42 of the Companies Act 2006 (statutory auditors).

(3)In subsection (2), after “(1)” insert “ or (as the case may be) (1A) ”.

Commencement Information

I16Sch. 12 para. 13 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

Housing Associations Act 1985 (c. 69)E+W

14E+WIn section 75 of the Housing Associations Act 1985 (general functions) omit subsections (1A) and (1B) (function of the Housing Corporation of giving assistance to the Audit Commission).

Commencement Information

I17Sch. 12 para. 14 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

Local Government Act 1986 (c. 10)E+W

15E+WIn section 5(4) of the Local Government Act 1986 (separate account of expenditure on publicity: application of section 27(1)(e) of the Audit Commission Act 1998 to right of inspection) for “section 27(1)(e) of the Audit Commission Act 1998” substitute “ section 32(1)(e) of the Local Audit and Accountability Act 2014 ”.

Commencement Information

I18Sch. 12 para. 15 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

Airports Act 1986 (c. 31)E+W

16E+WThe Airports Act 1986 is amended as follows.

Commencement Information

I19Sch. 12 para. 16 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

17(1)Section 22 (other local authority capital controls in England and Wales) is amended as follows.E+W

(2)For subsection (5) substitute—

(5)In a case where the controlling authority of a public airport company are—

(a)a county council or county borough council in Wales, or

(b)a composite authority of which both or all the constituent councils are county councils or county borough councils in Wales,

it shall be the duty of the controlling authority to exercise their control over the public airport company so as to ensure that the company appoints as auditors of the company only persons who, in addition to meeting the requirements of Part 42 of the Companies Act 2006 (statutory auditors), are approved for appointment as such auditors by the Auditor General for Wales.

(5A)In any other case, it shall be the duty of the controlling authority of a public airport company to exercise their control over the company so as to ensure that the company appoints as auditors of the company only persons who meet the requirements of Part 42 of the Companies Act 2006 (statutory auditors).

(3)In subsection (6), after “(5)” insert “ or (as the case may be) (5A) ”.

Commencement Information

I20Sch. 12 para. 17 in force at 1.4.2015 by S.I. 2015/841, art. 3(x) (with Sch. para. 1) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

18E+WIn section 24(3)(a) (provision of services by principal council for public airport companies: requirement for separate account)—

(a)for “section 14 of the Audit Commission Act 1998 (rights of inspection)” substitute “ section 25 of the Local Audit and Accountability Act 2014 (inspection of statements of accounts etc) ”, and

(b)for “regulations under section 27” substitute “ section 3(3) ”.

Commencement Information

I21Sch. 12 para. 18 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

Norfolk and Suffolk Broads Act 1988 (c. 4)E+W

19E+WIn section 17 of the Norfolk and Suffolk Broads Act 1988 (accounts and auditing), in the second subsection (11), for “section 27 of the Audit Commission Act 1998 (accounts and audit regulations)” substitute “ section 32 of the Local Audit and Accountability Act 2014 (accounts and audit regulations) ”.

Commencement Information

I22Sch. 12 para. 19 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

Education Reform Act 1988 (c. 40)E+W

20E+WThe Education Reform Act 1988 is amended as follows.

Commencement Information

I23Sch. 12 para. 20 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

21E+WIn section 124B, omit subsection (5) (duty of certain higher education corporations to consult Audit Commission before appointing auditor in respect of first financial year).

Commencement Information

I24Sch. 12 para. 21 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

22E+WIn paragraph 18 of Schedule 7 (higher education corporations)—

(a)omit sub-paragraph (4) (duty of certain higher education corporations to consult Audit Commission before appointing auditor in respect of first financial year),

(b)in sub-paragraph (5) for “that sub-paragraph” substitute “ sub-paragraph (3) above ”, and

(c)in sub-paragraph (6) omit the definitions of “the first financial year” and “financial year” and insert—

financial year” means—

(a)the period commencing with the date on which the corporation is established and ending with the second 31st March following that date, and

(b)each successive period of twelve months.

Commencement Information

I25Sch. 12 para. 22 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

Local Government and Housing Act 1989 (c. 42)E+W

23(1)Section 11 of the Local Government and Housing Act 1989 is amended as follows.E+W

(2)In subsection (1)—

(a)omit “section 79 of the Local Government Act 1985 (public inspection of accounts etc) or in”, and

(b)for “(which makes corresponding provision for Scotland)” insert “ (public inspection of accounts etc) ”.

(3)In subsection (3) (confidentiality of staff records: definitions), in the definition of “relevant body” omit—

(a)“the Audit Commission Act 1998 or”, and

(b)“or, as the case may be, the Common Council of the City of London”.

Commencement Information

I26Sch. 12 para. 23 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

24(1)Until the coming into force of the repeal of Part 5 of the Local Government and Housing Act 1989 by section 216(1) of the Local Government and Public Involvement in Health Act 2007, section 70 of the Local Government and Housing Act 1989 (requirements for companies under control or subject to influence of local authorities) has effect with the following modifications.E+W

(2)In each of subsections (2) and (4), for “the Audit Commission Act 1998” substitute “ the Local Audit and Accountability Act 2014 ”.

(3)In subsection (5) omit “or of the Audit Commission for Local Authorities and the National Health Service in England,”.

Commencement Information

I27Sch. 12 para. 24 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

Town and Country Planning Act 1990 (c. 8)E+W

25E+WIn section 2(6B) of the Town and Country Planning Act 1990 (application of certain provisions to joint planning boards) omit paragraph (a).

Commencement Information

I28Sch. 12 para. 25 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

Environmental Protection Act 1990 (c. 43)E+W

26E+WIn paragraph 5 of Schedule 3 to the Environmental Protection Act 1990 (protection of members etc of authorities) omit the words “(other than any liability under section 17 or 18 of the Audit Commission Act 1998 (powers of district auditor and court))”.

Commencement Information

I29Sch. 12 para. 26 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

Social Security Administration Act 1992 (c. 5)E+W

27E+WThe Social Security Administration Act 1992 is amended as follows.

Commencement Information

I30Sch. 12 para. 27 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

28E+WIn section 123(8) (unauthorised disclosure of information relating to particular persons: “persons employed in audit” etc)—

(a)after paragraph (jza) insert—

(jzb)a local auditor within the meaning of the Local Audit and Accountability Act 2014;, and

(b)omit paragraph (ja).

Commencement Information

I31Sch. 12 para. 28 in force at 1.4.2015 by S.I. 2015/841, art. 3(x) (with Sch. para. 2) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

29E+WOmit section 139BA (interaction with Audit Commission).

Commencement Information

I32Sch. 12 para. 29 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

Social Security Administration (Northern Ireland) Act 1992 (c. 8)E+W

30E+WIn section 117(8) of the Social Security Administration (Northern Ireland) Act 1992 (unauthorised disclosure of information relating to particular persons: Audit Commission)—

(a)omit paragraph (gb), and

(b)after paragraph (gc) insert—

(gd)a local auditor within the meaning of the Local Audit and Accountability Act 2014;

(ge)the Auditor General for Wales and any member of the Auditor General's staff;

(gf)any member of the staff of the Wales Audit Office, and any person providing services to that Office;.

Commencement Information

I33Sch. 12 para. 30 in force at 1.4.2015 by S.I. 2015/841, art. 3(x) (with Sch. para. 2) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

Police Act 1996 (c. 16)E+W

31(1)Schedule 4A to the Police Act 1996 (further provisions about Her Majesty's Inspectors of Constabulary) is amended as follows.E+W

(2)In paragraph 2(2) (duty to consult on inspection programme or inspection framework) omit paragraph (h) (the Audit Commission).

(3)In paragraph 3(2) (power to prevent inspection by other person or body) omit paragraph (e) (the Audit Commission).

(4)In paragraph 4 (duty to co-operate) omit paragraph (h) (the Audit Commission).

(5)In paragraph 6 (assistance for other public authorities)—

(a)after sub-paragraph (1) insert—

(1A)The chief inspector of constabulary may do anything the chief inspector thinks appropriate to facilitate the carrying out of an inspection under section 10 of the Local Government Act 1999 (inspection of best value authorities)., and

(b)for sub-paragraph (2) substitute—

(2)Anything done under this paragraph may be done on such terms (including terms as to payment) as the chief inspector of constabulary thinks fit.

Commencement Information

I34Sch. 12 para. 31(1) in force at 4.4.2014 for specified purposes by S.I. 2014/900, art. 2(l)(ii)

I35Sch. 12 para. 31 in force at 1.4.2015 in so far as not already in force by S.I. 2015/841, art. 3(x)

I36Sch. 12 para. 31(2)-(4) in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

I37Sch. 12 para. 31(5) in force at 4.4.2014 by S.I. 2014/900, art. 2(l)(ii)

Noise Act 1996 (c. 37)E+W

32E+WThe Noise Act 1996 is amended as follows.

Commencement Information

I38Sch. 12 para. 32 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

33E+WIn section 12 (protection of members etc of authorities) omit subsection (2) (exception for liability under section 17 or 18 of the Audit Commission Act 1998).

Commencement Information

I39Sch. 12 para. 33 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

34E+WIn section 14(4) (application of Act to Northern Ireland), in paragraph (g), for “for subsection (2) there is substituted” substitute “ after subsection (1) there is inserted ”.

Commencement Information

I40Sch. 12 para. 34 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

Local Government (Contracts) Act 1997 (c. 65)E+W

35(1)Section 8 of the Local Government (Contracts) Act 1997 (audit reviews) is amended as follows.E+W

(2)In subsection (1)—

(a)in paragraph (a), for “section 17 of the Audit Commission Act 1998” substitute “ section 28 of the Local Audit and Accountability Act 2014 ”,

(b)omit paragraphs (b) and (c), and

(c)in the closing words, for “any of paragraphs (a) to (c)” substitute “ that paragraph ”.

(3)Omit subsection (2).

Commencement Information

I41Sch. 12 para. 35 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

Local Government Act 1999 (c. 27)E+W

36(1)Section 23 of the Local Government Act 1999 (accounts of best value authorities) is amended as follows.E+W

(2)In subsection (4) omit paragraph (a).

(3)In subsection (7) for “an auditor appointed by the Audit Commission” substitute “ a local auditor appointed in accordance with the Local Audit and Accountability Act 2014 or provision made under it ”.

Commencement Information

I42Sch. 12 para. 36 in force at 1.4.2015 by S.I. 2015/841, art. 3(x) (with Sch. para. 2) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

Greater London Authority Act 1999 (c. 29)E+W

37E+WThe Greater London Authority Act 1999 is amended as follows.

Commencement Information

I43Sch. 12 para. 37 in force at 12.2.2015 for specified purposes by S.I. 2015/223, art. 2

I44Sch. 12 para. 37 in force at 1.4.2015 in so far as not already in force by S.I. 2015/841, art. 3(x)

38E+WIn section 7(b) (disqualifications from being an Assembly member that do not trigger a declaration of vacancy) omit sub-paragraph (i) (disqualification under the Audit Commission Act 1998).

Commencement Information

I45Sch. 12 para. 38 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

39E+WIn section 9(1)(f) (date of vacancy in Assembly membership in case of disqualification under the Audit Commission Act 1998)—

(a)omit “the Audit Commission Act 1998 or”, and

(b)omit “that Act of 1998 or”.

Commencement Information

I46Sch. 12 para. 39 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

40E+WIn section 14(a) (disqualifications from being Mayor that do not trigger a declaration of vacancy) omit sub-paragraph (i) (disqualification under the Audit Commission Act 1998).

Commencement Information

I47Sch. 12 para. 40 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

41E+WIn section 21(1)(e) (disqualification from election as Assembly member or the Mayor) omit sub-paragraph (ii) and the “or” immediately preceding that sub-paragraph (disqualification under the Audit Commission Act 1998).

Commencement Information

I48Sch. 12 para. 41 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

42E+WIn section 125(2) (certification of information)—

(a)omit “in one or both of the following ways”, and

(b)omit paragraph (b) and the “and” which precedes it.

Commencement Information

I49Sch. 12 para. 42 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

43(1)Section 134 (summary statement of accounts of Authority and other bodies) is amended as follows.E+W

(2)In subsection (4) (application of section 14 of the Audit Commission Act 1998 to summary statement of accounts)—

(a)for “Section 14 of the Audit Commission Act 1998 (inspection of statements of accounts and auditors' reports)” substitute “ Section 25 of the Local Audit and Accountability Act 2014 (inspection of statements of accounts etc) ”, and

(b)for “regulations under section 27” substitute “ section 3(3) ”.

(3)In subsection (5) (disapplication of public inspection etc provisions in Audit Commission Act 1998 in relation to summary statement of accounts), for “Sections 15 to 24 of the Audit Commission Act 1998” substitute “ Sections 26 to 31 of the Local Audit and Accountability Act 2014, and Schedule 8 to that Act ”.

(4)In subsection (6) (application of section 27 of the Audit Commission Act 1998 to summary statement of accounts)—

(a)for “Section 27 of the Audit Commission Act 1998” substitute “ Section 32 of the Local Audit and Accountability Act 2014 ”, and

(b)omit “accounts or”.

Commencement Information

I50Sch. 12 para. 43(1)(4) in force at 12.2.2015 for specified purposes by S.I. 2015/223, art. 2

I51Sch. 12 para. 43(1) (4) in force at 1.4.2015 in so far as not already in force by S.I. 2015/841, art. 3(x)

I52Sch. 12 para. 43(2) (3) in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

Crown Prosecution Service Inspectorate Act 2000 (c. 10)E+W

44(1)The Schedule to the Crown Prosecution Service Inspectorate Act 2000 (further provisions about Her Majesty's Chief Inspector of the Crown Prosecution Service) is amended as follows.E+W

(2)In paragraph 2(2) (duty to consult on inspection programme or inspection framework) omit paragraph (h) (the Audit Commission).

(3)In paragraph 4 (duty to co-operate) omit paragraph (h) (the Audit Commission).

(4)In paragraph 6 (assistance for other public authorities)—

(a)after sub-paragraph (1) insert—

(1A)The Chief Inspector may do anything the Chief Inspector thinks appropriate to facilitate the carrying out of an inspection under section 10 of the Local Government Act 1999 (inspection of best value authorities)., and

(b)for sub-paragraph (2) substitute—

(2)Anything done under this paragraph may be done on such terms (including terms as to payment) as the Chief Inspector thinks fit.

Commencement Information

I53Sch. 12 para. 44(1) in force at 4.4.2014 for specified purposes by S.I. 2014/900, art. 2(l)(iii)

I54Sch. 12 para. 44(1) in force at 1.4.2015 in so far as not already in force by S.I. 2015/841, art. 3(x)

I55Sch. 12 para. 44(2) (3) in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

I56Sch. 12 para. 44(4) in force at 4.4.2014 by S.I. 2014/900, art. 2(l)(iii)

Freedom of Information Act 2000 (c. 36)E+W

45E+WIn Part 6 of Schedule 1 to the Freedom of Information Act 2000 (other public bodies and offices to which the Act applies) omit the entry for the Audit Commission for Local Authorities and the National Health Service in England.

Commencement Information

I57Sch. 12 para. 45 in force at 1.4.2018 by S.I. 2016/675, art. 3

Criminal Justice and Court Services Act 2000 (c. 43)E+W

46(1)Schedule 1A to the Criminal Justice and Court Services Act 2000 (further provisions about Her Majesty's Inspectorate of Probation) is amended as follows.E+W

(2)In paragraph 2(2) (duty to consult on inspection programme or inspection framework) omit paragraph (h) (the Audit Commission).

(3)In paragraph 3(2) (power to prevent inspection by other person or body) omit paragraph (e) (the Audit Commission).

(4)In paragraph 4 (duty to co-operate) omit paragraph (h) (the Audit Commission).

(5)In paragraph 6 (assistance for other public authorities)—

(a)after sub-paragraph (1) insert—

(1A)The chief inspector may do anything the chief inspector thinks appropriate to facilitate the carrying out of an inspection under section 10 of the Local Government Act 1999 (inspection of best value authorities)., and

(b)for sub-paragraph (2) substitute—

(2)Anything done under this paragraph may be done on such terms (including terms as to payment) as the chief inspector thinks fit.

Commencement Information

I58Sch. 12 para. 46(1) in force at 4.4.2014 for specified purposes by S.I. 2014/900, art. 2(l)(iv)

I59Sch. 12 para. 46(1) in force at 1.4.2015 in so far as not already in force by S.I. 2015/841, art. 3(x)

I60Sch. 12 para. 46(2)-(4) in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

I61Sch. 12 para. 46(5) in force at 4.4.2014 by S.I. 2014/900, art. 2(l)(iv)

Public Finance and Accountability (Scotland) Act 2000 (ASP 1)E+W

47(1)Section 26D of the Public Finance and Accountability (Scotland) Act 2000 (disclosure of results of data matching etc) is amended as follows.E+W

(2)In subsection (4) for paragraph (b) substitute—

(b)the Secretary of State,

(ba)the Minister for the Cabinet Office,

(bb)a local auditor within the meaning of the Local Audit and Accountability Act 2014,.

(3)In subsection (7) in the definition of “relevant NHS body” for paragraph (b) substitute—

(b)a body mentioned in paragraph (a), (b) or (c) of paragraph 4(12) of Schedule 9 to the Local Audit and Accountability Act 2014 (“relevant NHS body”);.

Commencement Information

I62Sch. 12 para. 47 in force at 1.4.2015 by S.I. 2015/841, art. 3(x) (with Sch. para. 2) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

Anti-terrorism, Crime and Security Act 2001 (c. 24)E+W

48E+WIn Part 1 of Schedule 4 to the Anti-terrorism, Crime and Security Act 2001 (extension of existing disclosure powers under other Acts)—

(a)omit paragraph 41 (application to Audit Commission Act 1998), and

(b)after paragraph 53E insert—

53FParagraph 2 of Schedule 11 to the Local Audit and Accountability Act 2014.

Commencement Information

I63Sch. 12 para. 48 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

Local Government Act 2003 (c. 26)E+W

49E+WThe Local Government Act 2003 is amended as follows.

Commencement Information

I64Sch. 12 para. 49 in force at 10.2.2015 for specified purposes by S.I. 2015/179, art. 2

I65Sch. 12 para. 49 in force at 1.4.2015 in so far as not already in force by S.I. 2015/841, art. 3(x)

50(1)Section 21 (accounting practices) is amended as follows.E+W

(2)In subsection (4) (enactments to which definition of proper practices applies) omit paragraph (d) (the Audit Commission Act 1998).

(3)For subsection (6) (local authorities to which the section applies) substitute—

(6)In this section, “local authority” includes—

(a)a parish council,

(b)a parish meeting of a parish which does not have a separate parish council,

(c)a community council,

(d)a Passenger Transport Executive,

(e)the London Waste and Recycling Board,

(f)charter trustees (within the meaning of the Local Audit and Accountability Act 2014),

(g)a port health authority for a port health district that is wholly in England,

(h)a conservation board established by order of the Secretary of State under section 86 of the Countryside and Rights of Way Act 2000,

(i)a chief constable for a police force for a police area in England,

(j)the Commissioner of Police of the Metropolis,

(k)an internal drainage board for an internal drainage district—

(i)wholly in England, or

(ii)partly in England and partly in Wales, and

(l)any other person or body which for the time being is a relevant authority for the purposes of the Local Audit and Accountability Act 2014 and—

(i)is not listed in paragraphs (a) to (k) or section 23(1),

(ii)is not a health service body (within the meaning of that Act),

(iii)is not specified in regulations under section 23(2), and

(iv)does not fall within a class of bodies so specified.

Commencement Information

I66Sch. 12 para. 50(1)(3) in force at 10.2.2015 for specified purposes by S.I. 2015/179, art. 2

I67Sch. 12 para. 50(1) (3) in force at 1.4.2015 in so far as not already in force by S.I. 2015/841, art. 3(x)

I68Sch. 12 para. 50(2) in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

51E+WIn section 22 (meaning of “revenue account” for the purposes of certain enactments), for subsection (3) (local authorities to which the section applies) substitute—

(3)In this section, “local authority” includes—

(a)a parish council,

(b)a parish meeting of a parish which does not have a separate parish council,

(c)a community council,

(d)a Passenger Transport Executive,

(e)the London Waste and Recycling Board,

(f)charter trustees (within the meaning of the Local Audit and Accountability Act 2014),

(g)a port health authority for a port health district that is wholly in England,

(h)a conservation board established by order of the Secretary of State under section 86 of the Countryside and Rights of Way Act 2000,

(i)a chief constable for a police force for a police area in England,

(j)the Commissioner of Police of the Metropolis,

(k)an internal drainage board for an internal drainage district—

(i)wholly in England, or

(ii)partly in England and partly in Wales, and

(l)any other person or body which for the time being is a relevant authority for the purposes of the Local Audit and Accountability Act 2014 and—

(i)is not listed in paragraphs (a) to (k) or section 23(1),

(ii)is not a health service body (within the meaning of that Act),

(iii)is not specified in regulations under section 23(2), and

(iv)does not fall within a class of bodies so specified.

Commencement Information

I69Sch. 12 para. 51 in force at 10.2.2015 for specified purposes by S.I. 2015/179, art. 2

I70Sch. 12 para. 51 in force at 1.4.2015 in so far as not already in force by S.I. 2015/841, art. 3(x)

52E+WIn section 24 (by which, in the application of Part 1 to Wales, references to the Welsh Ministers are substituted for references to the Secretary of State), after subsection (1) insert—

(1A)Subsection (1) does not apply to section 21 to the extent that it confers functions on the Secretary of State in relation to a person or body that—

(a)is a relevant authority for the purposes of the Local Audit and Accountability Act 2014, and

(b)exercises functions in relation to an area that is partly in England and partly in Wales.

Commencement Information

I71Sch. 12 para. 52 in force at 10.2.2015 for specified purposes by S.I. 2015/179, art. 2

I72Sch. 12 para. 52 in force at 1.4.2015 in so far as not already in force by S.I. 2015/841, art. 3(x)

53E+WOmit section 99 (categorisation of English local authorities by reference to performance).

Commencement Information

I73Sch. 12 para. 53 in force at 1.4.2015 by S.I. 2015/841, art. 3(x) (with Sch. para. 9(1)) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

54(1)Section 100 (exercise of powers by reference to authorities' performance categories) is amended as follows.E+W

(2)Omit subsections (1) and (2).

(3)In subsection (3), for “those powers” substitute “ certain powers ”.

(4)Omit subsections (4) to (8).

Commencement Information

I74Sch. 12 para. 54 in force at 1.4.2015 by S.I. 2015/841, art. 3(x) (with Sch. para. 9(2)) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

Health and Social Care (Community Health and Standards) Act 2003 (c. 43)E+W

55E+WThe Health and Social Care (Community Health and Standards) Act 2003 is amended as follows.

Commencement Information

I75Sch. 12 para. 55 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

56E+WIn section 95 (studies as to economy, efficiency etc), omit subsection (4).

Commencement Information

I76Sch. 12 para. 56 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

57E+WIn section 148 (interpretation of Part 2) omit the definition of “the Audit Commission”.

Commencement Information

I77Sch. 12 para. 57 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

Audit and Accountability (Northern Ireland) Order 2003 (SI 2003/418 (NI 5))E+W

58(1)Article 4D of the Audit and Accountability (Northern Ireland) Order 2003 (disclosure of results of data matching etc) is amended as follows.E+W

(2)In paragraph (2)(b) after “body”, in each place, insert “ or person ”.

(3)In paragraph (3) after “bodies” insert “ and persons ”.

(4)In that paragraph, for sub-paragraph (a) substitute—

(a)the Secretary of State,

(aa)the Minister for the Cabinet Office,

(ab)a local auditor within the meaning of the Local Audit and Accountability Act 2014,.

(5)In paragraph (4) after “body”, where it first occurs, insert “ or person ”.

(6)In paragraph (6)(b) for paragraph (ii) substitute—

(ii)a body mentioned in paragraph (a), (b) or (c) of paragraph 4(12) of Schedule 9 to the Local Audit and Accountability Act 2014 (“relevant NHS body”);.

Commencement Information

I78Sch. 12 para. 58 in force at 1.4.2015 by S.I. 2015/841, art. 3(x) (with Sch. para. 2) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

Public Audit (Wales) Act 2004 (c. 23)E+W

59E+WThe Public Audit (Wales) Act 2004 is amended as follows.

Commencement Information

I79Sch. 12 para. 59 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

60E+WOmit section 43 (co-operation with Audit Commission).

Commencement Information

I80Sch. 12 para. 60 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

61E+WOmit section 57 (provision of information to Audit Commission).

Commencement Information

I81Sch. 12 para. 61 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

62(1)Section 62 (co-operation) is amended as follows.E+W

(2)Omit paragraph (b).

(3)In the heading (in its original form and as substituted by paragraph 61(3) of Schedule 4 to the Public Audit (Wales) Act 2013 (anaw 3)) omit “ , Audit Commission ”.

Commencement Information

I82Sch. 12 para. 62 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

63(1)Section 64D (disclosure of results of data matching etc) is amended as follows.E+W

(2)In subsection (2)(b) after “body”, in each place, insert “ or person ”.

(3)In subsection (3) after “bodies” insert “ and persons ”.

(4)In that subsection, for paragraph (a) substitute—

(a)the Secretary of State,

(aa)the Minister for the Cabinet Office,

(ab)a local auditor within the meaning of the Local Audit and Accountability Act 2014,.

(5)In subsection (4) after “body”, where it first occurs, insert “ or person ”.

(6)In subsection (6)(b) for sub-paragraph (ii) substitute—

(ii)a body mentioned in paragraph (a), (b) or (c) of paragraph 4(12) of Schedule 9 to the Local Audit and Accountability Act 2014 (“relevant NHS body”);.

Commencement Information

I83Sch. 12 para. 63 in force at 1.4.2015 by S.I. 2015/841, art. 3(x) (with Sch. para. 2) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

64E+WOmit sections 69 and 70 (transitional provision: local government bodies in Wales and Welsh NHS bodies).

Commencement Information

I84Sch. 12 para. 64 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

65(1)Schedule 3 (transfer schemes) is amended as follows.E+W

(2)In paragraph 1(1), omit paragraph (b) and the “and” preceding it.

(3)In paragraph 2—

(a)at the end of paragraph (a) insert “ and ”,

(b)in paragraph (b) omit “in the case of an order containing a scheme within paragraph 1(1)(a),”, and

(c)omit paragraph (c) and the “and” preceding it.

Commencement Information

I85Sch. 12 para. 65 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

66(1)The amendments of Schedule 3 to the Public Audit (Wales) Act 2004 by paragraph 65 do not affect—E+W

(a)the transfers of property, rights and liabilities of the Audit Commission in accordance with a scheme under that Schedule, or

(b)the operation of that Schedule or of such a scheme in relation to those transfers.

(2)In this paragraph “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England.

Commencement Information

I86Sch. 12 para. 66 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27)E+W

67E+WIn section 16 of the Companies (Audit, Investigations and Community Enterprise) Act 2004 (grants to bodies concerned with accounting standards etc) after subsection (6) insert—

(6A)References in this section to Part 42 of the Companies Act 2006 or to paragraph 21, 22, 23(1) or 24(1) of Schedule 10 to that Act include that Part or paragraph as it has effect by virtue of Schedule 5 to the Local Audit and Accountability Act 2014 (which applies Part 42 with modifications in relation to audits of local authorities etc).

(6B)The reference in the definition of “professional accountancy body” in subsection (5) to section 1220 of the Companies Act 2006 includes a reference to section 1219 of that Act as it has effect by virtue of Schedule 5 to the Local Audit and Accountability Act 2014.

Commencement Information

I87Sch. 12 para. 67 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

Children Act 2004 (c. 31)E+W

68E+WIn section 20(4) of the Children Act 2004 (joint area review: persons to whom that section applies) omit paragraph (e).

Commencement Information

I88Sch. 12 para. 68 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

Education and Inspections Act 2006 (c. 40)E+W

69(1)Schedule 13 to the Education and Inspections Act 2006 (interaction between Her Majesty's Chief Inspector of Education, Children's Services and Skills and other authorities) is amended as follows.E+W

(2)In paragraph 1 (meaning of inspection authorities)—

(a)in sub-paragraph (2)—

(i)at the end of paragraph (d) insert “ , and ”, and

(ii)omit paragraph (h) and the “and” preceding it, and

(b)in sub-paragraph (3), for paragraph (f) substitute—

(f)the Care Quality Commission.

(3)In paragraph 8 (advice or assistance for other public authorities)—

(a)after sub-paragraph (1) insert—

(1A)The Chief Inspector may do anything the Chief Inspector thinks appropriate to facilitate the carrying out of an inspection under section 10 of the Local Government Act 1999 (inspection of best value authorities)., and

(b)for sub-paragraph (2) substitute—

(2)Anything done under this paragraph may be done on such terms as the Chief Inspector thinks fit.

(4)In paragraph 10(a) (charges for advice or assistance) for “providing advice or assistance” substitute “ doing anything ”.

Commencement Information

I89Sch. 12 para. 69(1) in force at 4.4.2014 for specified purposes by S.I. 2014/900, art. 2(l)(v)

I90Sch. 12 para. 69(1) in force at 1.4.2015 in so far as not already in force by S.I. 2015/841, art. 3(x)

I91Sch. 12 para. 69(2) in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

I92Sch. 12 para. 69(3)(4) in force at 4.4.2014 by S.I. 2014/900, art. 2(l)(v)

National Health Service Act 2006 (c. 41)E+W

70E+WThe National Health Service Act 2006 is amended as follows.

Commencement Information

I93Sch. 12 para. 70 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

71E+WIn Schedule 1A (clinical commissioning groups), in paragraph 17(5), for the words from “Audit Commission Act 1998” to the end substitute “ Local Audit and Accountability Act 2014 ”.

Commencement Information

I94Sch. 12 para. 71 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

72E+WSchedule 7 (constitution of public benefit corporations: auditors) is amended as follows.

Commencement Information

I95Sch. 12 para. 72 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

73(1)Paragraph 23 is amended as follows.E+W

(2)In sub-paragraph (3)—

(a)after “may be” insert “ an individual or a firm ”, and

(b)omit paragraphs (a) to (c).

(3)In sub-paragraph (4)—

(a)after paragraph (a) insert—

(aa)eligible for appointment as a local auditor (see Part 4 of the Local Audit and Accountability Act 2014), or,

(b)omit paragraph (b), and

(c)in paragraph (c) for “any other” substitute “ a ”.

(4)Omit sub-paragraph (5).

(5)In sub-paragraph (7)—

(a)omit the definition of “the Audit Commission” (and the “and” which follows it), and

(b)in the definition of “firm” for “the Audit Commission Act 1998 (see section 51(3) of that Act)” substitute “ section 1261(1) of the Companies Act 2006 ”.

Commencement Information

I96Sch. 12 para. 73 in force at 1.4.2015 by S.I. 2015/841, art. 3(x) (with Sch. para. 2) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

74(1)Paragraph 24 is amended as follows.E+W

(2)After sub-paragraph (4) insert—

(4A)The auditor must, in carrying out functions in relation to the accounts—

(a)comply with the code of audit practice applicable to the accounts that is for the time being in force (see Schedule 6 to the Local Audit and Accountability Act 2014), and

(b)have regard to guidance issued by the Comptroller and Auditor General under paragraph 9 of that Schedule (as it has effect by virtue of paragraph 10(6) of that Schedule).

(4B)The auditor of the accounts must comply with any directions given by the Secretary of State as to arrangements to monitor the standard of the work of auditors in the performance of audits under this paragraph (including arrangements to inspect that work).

(4C)The arrangements mentioned in sub-paragraph (4B) may include arrangements made by the regulator or by any other person the Secretary of State considers appropriate.

(3)Omit sub-paragraph (5).

Commencement Information

I97Sch. 12 para. 74 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

75E+WIn Schedule 15 (accounts and audit of certain NHS bodies), in paragraph 4—

(a)in sub-paragraph (2) for the words from “Audit Commission Act 1998” to the end substitute “ Local Audit and Accountability Act 2014 ”, and

(b)omit sub-paragraph (4).

Commencement Information

I98Sch. 12 para. 75 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

76(1)Until the repeal of Chapter 3 of Part 2 of the National Health Service Act 2006 by section 179 of the Health and Social Care Act 2012 is fully in force, Schedule 4 to the National Health Service Act 2006 (NHS trusts) has effect with the following modifications.E+W

(2)In paragraph 12 (reports and other information)—

(a)in sub-paragraph (2)(b) for “section 8 of the Audit Commission Act 1998 (c. 18) or paragraph 19 of Schedule 8 to the Government of Wales Act 2006 (c. 32)” substitute “ paragraph 1 of Schedule 7 to the Local Audit and Accountability Act 2014 ”, and

(b)in sub-paragraph (2A) for “section 8 of the Audit Commission Act 1998” substitute “ paragraph 1 of Schedule 7 to the Local Audit and Accountability Act 2014 ”.

Commencement Information

I99Sch. 12 para. 76 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

National Health Service (Wales) Act 2006 (c. 42)E+W

77E+WIn paragraph 12(2)(b) of Schedule 3 to the National Health Service (Wales) Act 2006 (NHS trusts established under section 18 of that Act: reports and other information) omit “section 8 of the Audit Commission Act 1998 (c. 18) or”.

Commencement Information

I100Sch. 12 para. 77 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

Companies Act 2006 (c. 46)E+W

78E+WIn Part 1 of Schedule 11A to the Companies Act 2006 (specified persons for the purposes of the disclosure provisions in section 1224A of that Act), after paragraph 17 insert—

17AA recognised supervisory body as defined in section 1217(4) and Schedule 10 as they have effect by virtue of Schedule 5 to the Local Audit and Accountability Act 2014.

17BA recognised qualifying body as defined in section 1219(13) as it has effect by virtue of that Schedule.

17CA body designated by the Secretary of State under section 1252 (delegation of the Secretary of State's functions) as it has effect by virtue of that Schedule.

17DA body with which a recognised supervisory body within the meaning of that Act is participating in arrangements for the purposes of paragraph 23 (independent monitoring of certain audits) or 24 (independent investigation of public interest cases) of Schedule 10 as it has effect by virtue of that Schedule.

Commencement Information

I101Sch. 12 para. 78 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

Serious Crime Act 2007 (c. 27)E+W

79E+WIn paragraph 9 of Schedule 13 to the Serious Crime Act 2007 (modification of section 32D(8)(b) of the Audit Commission Act 1998 pending increase in magistrates' court sentencing powers) omit paragraph (a).

Commencement Information

I102Sch. 12 para. 79 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

Local Government and Public Involvement in Health Act 2007 (c. 28)E+W

80E+WThe Local Government and Public Involvement in Health Act 2007 is amended as follows.

Commencement Information

I103Sch. 12 para. 80 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

81E+WOmit section 148 (Benefit Fraud Inspectorate: transfers to the Audit Commission).

Commencement Information

I104Sch. 12 para. 81 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

82E+WIn section 212(7) (entities controlled by local authorities: definitions)—

(a)in the definition of “English local authority” after “England” insert “ , and includes a local authority which exercises functions in relation to an area which is partly in England and partly in Wales ”,

(b)for the definition of “financial year” substitute—

financial year” means a period for which—

(a)a statement of accounts of the local authority must be prepared by reason of section 3 of the Local Audit and Accountability Act 2014, or

(b)accounts of the local authority must be prepared by reason of section 13 of the Public Audit (Wales) Act 2004;, and

(c)in the definition of “local authority” for paragraph (b) substitute—

(b)in the case of a body in Wales, is required to prepare statements of accounts by regulations made under section 39 of the Public Audit (Wales) Act 2004;.

Commencement Information

I105Sch. 12 para. 82 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

83(1)Section 214 (further provision about orders under section 212) is amended as follows.E+W

(2)In subsection (1)—

(a)after “section 212” insert “ made by the Welsh Ministers ”,

(b)before “local authority” insert “ Welsh ”, and

(c)for “the appropriate person” substitute “ the Auditor General for Wales ”.

(3)Omit subsection (2).

(4)In subsection (9) after “qualifying person” insert— “ Welsh local authority; ”.

(5)Omit subsection (10).

Commencement Information

I106Sch. 12 para. 83 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

84E+WOmit Schedule 10 (Benefit Fraud Inspectorate: transfer schemes).

Commencement Information

I107Sch. 12 para. 84 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

85(1)The repeals of section 148 of and Schedule 10 to the Local Government and Public Involvement in Health Act 2007 by paragraphs 81 and 84 do not affect—E+W

(a)the transfers of property, rights and liabilities of the Secretary of State or a person authorised under section 139A of the Social Security Administration Act 1992 to the Audit Commission by a scheme under that section and that Schedule, or

(b)the operation of that section and that Schedule or of such a scheme in relation to those transfers.

(2)Sub-paragraph (1) is subject to the provisions of a transfer scheme under paragraph 1 of Schedule 1 (transfer of property, rights and liabilities to Audit Commission).

(3)In this paragraph “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England.

Commencement Information

I108Sch. 12 para. 85 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

Health and Social Care Act 2008 (c. 14)E+W

86E+WThe Health and Social Care Act 2008 is amended as follows.

Commencement Information

I109Sch. 12 para. 86 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

87E+WOmit section 56 (role of Audit Commission in undertaking or promoting health care studies).

Commencement Information

I110Sch. 12 para. 87 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

88(1)Schedule 4 (interaction between Care Quality Commission and other authorities) is amended as follows.E+W

(2)In paragraph 1 (meaning of inspection authorities)—

(a)in sub-paragraph (2)—

(i)at the end of paragraph (d) insert “ , and ”, and

(ii)omit paragraph (g) and the “and” preceding it, and

(b)in sub-paragraph (3)—

(i)at the end of paragraph (d) insert “ , and ”, and

(ii)omit paragraph (g) and the “and” preceding it.

(3)In paragraph 9 (advice or assistance for other public authorities)—

(a)after sub-paragraph (1) insert—

(1A)The Commission may do anything it thinks appropriate to facilitate the carrying out of an inspection under section 10 of the Local Government Act 1999 (inspection of best value authorities)., and

(b)for sub-paragraph (2) substitute—

(2)Anything done under this paragraph may be done on such terms, including terms as to payment, as the Commission thinks fit.

Commencement Information

I111Sch. 12 para. 88(1) in force at 4.4.2014 for specified purposes by S.I. 2014/900, art. 2(l)(vi)

I112Sch. 12 para. 88(1) in force at 1.4.2015 in so far as not already in force by S.I. 2015/841, art. 3(x)

I113Sch. 12 para. 88(2) in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

I114Sch. 12 para. 88(3) in force at 4.4.2014 by S.I. 2014/900, art. 2(l)(vi)

Housing and Regeneration Act 2008 (c. 17)E+W

89E+WThe Housing and Regeneration Act 2008 is amended as follows.

Commencement Information

I115Sch. 12 para. 89 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

90E+WOmit section 106A (co-operation between the Regulator of Social Housing and the Audit Commission).

Commencement Information

I116Sch. 12 para. 90 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

91E+WIn section 128(4)(a) (duty of local authority which is registered provider of social housing to send reports under section 8 of the Audit Commission Act 1998 to the Regulator), for “any immediate report under section 8 of the Audit Commission Act 1998 (immediate and other reports in the public interest)” substitute “ any report under paragraph 1 of Schedule 7 to the Local Audit and Accountability Act 2014 (public interest reports) ”.

Commencement Information

I117Sch. 12 para. 91 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

92E+WIn section 196(1) (duty of Regulator to consult listed bodies before setting standards etc) omit paragraph (d) (the Audit Commission).

Commencement Information

I118Sch. 12 para. 92 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

93E+WIn section 197(4) (duty of Secretary of State to consult listed bodies before giving direction to Regulator) omit paragraph (c).

Commencement Information

I119Sch. 12 para. 93 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

94E+WIn section 201 (arrangements by Regulator for inspections by third party) omit subsection (7A) (inspections treated as carried out by regulator for purposes of Schedule 2A to the Audit Commission Act 1998).

Commencement Information

I120Sch. 12 para. 94 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

95(1)Section 210A (extraordinary report: local authorities) is amended as follows.E+W

(2)In subsection (1), for the words from “the Audit Commission” to the end substitute “ the regulator may require the local authority to allow its accounts, so far as they relate to the provision of social housing, to be audited by a local auditor appointed by the regulator. ”

(3)After subsection (1) insert—

(1A)The regulator may not appoint a local auditor to audit the accounts of a local authority if that person—

(a)is the person (or one of the persons) appointed under or by virtue of the Local Audit and Accountability Act 2014 to audit the authority's accounts, or

(b)was the person (or one of the persons) who carried out the most recent completed audit of the authority's accounts under or by virtue of that Act.

(1B)Sections 20(1), (2), (5) and (6), 22 and 23 of the Local Audit and Accountability Act 2014 (local auditors' general duties and right to documents etc) apply in relation to an audit under this section as they apply in relation to an audit of the local authority under or by virtue of that Act.

(1C)On completion of the audit under this section, the local auditor must report to the regulator about such matters and in such form as the regulator determines.

(4)Omit subsections (2) and (3).

(5)In subsection (4) for “Audit Commission's costs of preparing the report” substitute “ costs of the audit (including the local auditor's remuneration) ”.

(6)For subsection (5) substitute—

(5)In this section—

  • accounts” has the meaning given by section 4 of the Local Audit and Accountability Act 2014;

  • local auditor” means a person who is eligible for appointment under or by virtue of the Local Audit and Accountability Act 2014 as an auditor of the local authority's accounts.

(7)In the heading, for “report” substitute “ audit ”.

Commencement Information

I121Sch. 12 para. 95 in force at 1.4.2015 by S.I. 2015/841, art. 3(x) (with Sch. para. 2) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

96E+WIn section 249(1) (management transfer) after “section 210” insert “ or 210A ”.

Commencement Information

I122Sch. 12 para. 96 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

Local Democracy, Economic Development and Construction Act 2009 (c. 20)E+W

97E+WChapter 3 of Part 2 of the Local Democracy, Economic Development and Construction Act 2009 (audit of entities connected with local authorities) is amended as follows.

Commencement Information

I123Sch. 12 para. 97 in force at 1.4.2015 by S.I. 2015/841, art. 3(x) (with Sch. para. 10) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

98(1)Section 36 (overview of Chapter) is amended as follows.E+W

(2)In subsection (1)—

(a)for “an audit authority” substitute “ the Auditor General for Wales ”, and

(b)omit “English or”.

(3)Omit subsections (2) and (4).

(4)In subsection (6)(b) omit “section 27 of the Audit Commission Act 1998 (c. 18) or”.

Commencement Information

I124Sch. 12 para. 98 in force at 1.4.2015 by S.I. 2015/841, art. 3(x) (with Sch. para. 10) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

99E+WIn section 37 (notification duties of local authorities) omit subsection (1).

Commencement Information

I125Sch. 12 para. 99 in force at 1.4.2015 by S.I. 2015/841, art. 3(x) (with Sch. para. 10) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

100(1)Section 38 (power to appoint auditor) is amended as follows.E+W

(2)In subsection (1), for “an audit authority” substitute “ the Auditor General for Wales ”.

(3)In subsection (3)(b)(ii)—

(a)for “audit authority” substitute “ Auditor General for Wales ”, and

(b)for “37(1)(a) or (2)(a)” substitute “ 37(2)(a) ”.

(4)Omit subsection (4).

(5)In subsection (6), for “appointing audit authority” substitute “ Auditor General for Wales ”.

(6)Omit subsection (7).

(7)In subsection (8), for “appointing audit authority” substitute “ Auditor General for Wales ”.

Commencement Information

I126Sch. 12 para. 100 in force at 1.4.2015 by S.I. 2015/841, art. 3(x) (with Sch. para. 10) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

101(1)Section 39 (power to appoint replacement auditor) is amended as follows.E+W

(2)In subsection (1) for “an audit authority” substitute “ the Auditor General for Wales ”.

(3)For the remaining references to “audit authority” substitute “ Auditor General for Wales ”.

Commencement Information

I127Sch. 12 para. 101 in force at 1.4.2015 by S.I. 2015/841, art. 3(x) (with Sch. para. 10) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

102(1)Section 40 (exclusions from power to appoint auditor) is amended as follows.E+W

(2)In subsection (1), for “An audit authority” substitute “ The Auditor General for Wales ”.

(3)In each of subsections (2) to (4), for “appointing audit authority” substitute “ Auditor General for Wales ”.

(4)In subsection (5) for “audit authority” substitute “ Auditor General for Wales ”.

Commencement Information

I128Sch. 12 para. 102 in force at 1.4.2015 by S.I. 2015/841, art. 3(x) (with Sch. para. 10) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

103E+WIn section 41(1) (persons who may be appointed as auditor)—

(a)in paragraph (a), for “appointing audit authority” substitute “ Auditor General for Wales ”, and

(b)in paragraph (b), for “that authority” substitute “ the Auditor General for Wales ”.

Commencement Information

I129Sch. 12 para. 103 in force at 1.4.2015 by S.I. 2015/841, art. 3(x) (with Sch. para. 10) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

104(1)Section 42 (terms of appointment of auditor) is amended as follows.E+W

(2)In subsection (5), for “appointing audit authority” substitute “ Auditor General for Wales ”.

(3)Omit subsection (6).

Commencement Information

I130Sch. 12 para. 104 in force at 1.4.2015 by S.I. 2015/841, art. 3(x) (with Sch. para. 10) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

105(1)Section 43 (right of entity to appoint auditor to conduct statutory audit) is amended as follows.E+W

(2)In each of subsections (3), (5) and (7), for “audit authority” substitute “ Auditor General for Wales ”.

(3)In subsection (8)—

(a)for “an audit authority” substitute “ the Auditor General for Wales ”,

(b)in paragraph (a), for “audit authority” substitute “ Auditor General for Wales ”, and

(c)for paragraph (b) substitute—

(b)the Welsh Ministers.

Commencement Information

I131Sch. 12 para. 105 in force at 1.4.2015 by S.I. 2015/841, art. 3(x) (with Sch. para. 10) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

106E+WIn section 44(5)(b) (functions of auditor not appointed to conduct statutory audit: duty to send report to appointing audit authority), for “appointing audit authority” substitute “ Auditor General for Wales ”.

Commencement Information

I132Sch. 12 para. 106 in force at 1.4.2015 by S.I. 2015/841, art. 3(x) (with Sch. para. 10) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

107E+WIn section 45(4)(b) (duty of auditor to send public interest report to audit authority), for “audit authority” substitute “ Auditor General for Wales ”.

Commencement Information

I133Sch. 12 para. 107 in force at 1.4.2015 by S.I. 2015/841, art. 3(x) (with Sch. para. 10) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

108E+WIn section 46 (codes of practice) omit subsections (1) to (3).

Commencement Information

I134Sch. 12 para. 108 in force at 1.4.2015 by S.I. 2015/841, art. 3(x) (with Sch. para. 10) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

109(1)Section 50 (fees for appointment of auditor) is amended as follows.E+W

(2)Omit subsection (1).

(3)In subsection (3), for “Audit Commission or the Wales Audit Office (as the case may be)” substitute “ Wales Audit Office ”.

(4)Omit subsection (4).

(5)In subsection (5)—

(a)omit “(4) or”, and

(b)for “Audit Commission or the Wales Audit Office (as the case may be)” substitute “ Wales Audit Office ”.

(6)In subsection (6), for “Audit Commission or the Wales Audit Office (as the case may be)” substitute “ Wales Audit Office ”.

(7)Omit subsections (8) and (9).

(8)In subsection (12)—

(a)for “Audit Commission or the Wales Audit Office (as the case may be)” in each place it occurs substitute “ Wales Audit Office ”, and

(b)for “(4) or (4A) (as the case may be)” substitute “ (4A) ”.

Commencement Information

I135Sch. 12 para. 109 in force at 1.4.2015 by S.I. 2015/841, art. 3(x) (with Sch. para. 10) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

110(1)Section 51 (power of audit authority to require information) is amended as follows.E+W

(2)In the heading, for “audit authority” substitute “ Auditor General for Wales ”.

(3)In subsection (1)—

(a)for “appointing audit authority” substitute “ Auditor General for Wales ”, and

(b)for “it” substitute “ the Auditor General for Wales ”.

(4)In subsection (2)—

(a)for “an audit authority” substitute “ the Auditor General for Wales ”, and

(b)for “authority” substitute “ Auditor General for Wales ”.

Commencement Information

I136Sch. 12 para. 110 in force at 1.4.2015 by S.I. 2015/841, art. 3(x) (with Sch. para. 10) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

111E+WOmit section 52 (subsidiaries of Passenger Transport Executives).

Commencement Information

I137Sch. 12 para. 111 in force at 1.4.2015 by S.I. 2015/841, art. 3(x) (with Sch. para. 10) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

112(1)Section 53 (regulations) is amended as follows.E+W

(2)In subsection (1), for “36(4)(b) or (5)(b)” substitute “ 36(5)(b) ”.

(3)Omit subsection (4).

(4)In subsection (5) omit “made by the Welsh Ministers”.

Commencement Information

I138Sch. 12 para. 112 in force at 1.4.2015 by S.I. 2015/841, art. 3(x) (with Sch. para. 10) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

113E+WIn section 54(1) (interpretation) omit the definitions of “audit authority”, “Audit Commission” and “qualifying English local authority entity”.

Commencement Information

I139Sch. 12 para. 113 in force at 1.4.2015 by S.I. 2015/841, art. 3(x) (with Sch. para. 10) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

Equality Act 2010 (c. 15)E+W

114E+WIn Part 1 of Schedule 19 to the Equality Act 2010 (general list of public authorities to whom public sector equality duty applies) omit the entry for the Audit Commission for Local Authorities and the National Health Service in England.

Commencement Information

I140Sch. 12 para. 114 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

Police Reform and Social Responsibility Act 2011 (c. 13)E+W

115E+WThe Police Reform and Social Responsibility Act 2011 is amended as follows.

Commencement Information

I141Sch. 12 para. 115 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

116E+WIn section 18(7) (delegation of functions by police and crime commissioners: exceptions), after paragraph (f) insert—

(g)appointing a local auditor under section 7 of the Local Audit and Accountability Act 2014;

(h)deciding whether to enter into a liability limitation agreement under section 14 of that Act.

Commencement Information

I142Sch. 12 para. 116 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

117E+WIn section 19(7) (delegation of functions by Mayor's Office for Policing and Crime: exceptions), after paragraph (h) insert—

(i)appointing a local auditor under section 7 of the Local Audit and Accountability Act 2014;

(j)deciding whether to enter into a liability limitation agreement under section 14 of that Act.

Commencement Information

I143Sch. 12 para. 117 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

Charities Act 2011 (c. 25)E+W

118E+WThe Charities Act 2011 is amended as follows.

Commencement Information

I144Sch. 12 para. 118 in force at 1.4.2017 by S.I. 2015/841, art. 4

119(1)Section 149 (audit or examination of English NHS charity accounts) is amended as follows.E+W

(2)In subsection (2) for “a person appointed by the Audit Commission” substitute a person who—

(a)is eligible for appointment as a statutory auditor under Part 42 of the Companies Act 2006,

(b)is eligible for appointment as a local auditor (see Part 4 of the Local Audit and Accountability Act 2014), or

(c)is a member of a body for the time being specified in regulations under section 154 and is under the rules of that body eligible for appointment as auditor of the charity.

(3)In subsection (3)—

(a)for “the Audit Commission” (where it first occurs) substitute “ the charity trustees ”,

(b)in paragraph (a) for “a person appointed by the Audit Commission” substitute “ a person who is within subsection (2)(a), (b) or (c) ”, and

(c)in paragraph (b) for “a person so appointed” substitute “ a person who is qualified to be an independent examiner ”.

(4)After subsection (3) insert—

(3A)For the purposes of subsection (3)(b), a person is qualified to be an independent examiner if (and only if)—

(a)the person is independent,

(b)the charity trustees reasonably believe that the person has the requisite ability and practical experience to carry out a competent examination of the accounts, and

(c)the person—

(i)falls within a description of person for the time being included in the list in section 145(3), or

(ii)is eligible for appointment as a local auditor (see Part 4 of the Local Audit and Accountability Act 2014).

(5)Omit subsection (4).

(6)For subsection (5) substitute—

(5)The Commission may—

(a)give guidance to charity trustees of an English NHS charity in connection with the selection of a person for appointment as an independent examiner;

(b)give such directions as it thinks appropriate with respect to the carrying out of an examination in pursuance of subsection (3)(b);

and any such guidance or directions may either be of general application or apply to a particular charity only.

(7)Omit subsection (8).

Commencement Information

I145Sch. 12 para. 119 in force at 1.4.2017 by S.I. 2015/841, art. 4 (with Sch. para. 11) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

120(1)Section 151 (audit of accounts of larger groups) is amended as follows.E+W

(2)In subsection (4)(b), for “a person appointed by the Audit Commission” substitute “ a person, appointed by the charity trustees of the parent charity, who is within section 149(2)(a), (b) or (c) ”.

(3)In subsection (6)—

(a)for “Subsections (4) and (6) of section 149 apply” substitute “ Section 149(6) applies ”, and

(b)for “they apply” substitute “ it applies ”.

Commencement Information

I146Sch. 12 para. 120 in force at 1.4.2017 by S.I. 2015/841, art. 4 (with Sch. para. 11) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

121(1)Section 152 (examination of accounts an option for smaller groups) is amended as follows.E+W

(2)In subsection (6)—

(a)for the words from “the Audit Commission” (where it first occurs) to “so appointed” substitute “ the charity trustees of the parent charity be audited by a person, appointed by those trustees, who is within section 149(2)(a), (b) or (c); or examined by a person, appointed by those trustees, who is qualified to be an independent examiner ”,

(b)for “(4) to (6)” substitute “ (3A), (5) and (6) ”, and

(c)after “section 149(3)” insert “; except that in subsection (3A)(b) of that section the reference to “the charity trustees” is to be read as a reference to “the charity trustees of the parent charity”.”

Commencement Information

I147Sch. 12 para. 121 in force at 1.4.2017 by S.I. 2015/841, art. 4 (with Sch. para. 11) (as amended (27.6.2016) by S.I. 2016/675, art. 2)

122E+WIn section 154(1) (regulations relating to audits and examinations) after paragraph (a) insert—

(aa)specifying one or more bodies for the purposes of section 149(2)(c);.

Commencement Information

I148Sch. 12 para. 122 in force at 1.4.2017 by S.I. 2015/841, art. 4

Repeals and revocations in consequence of this ScheduleE+W

123E+WIn consequence of the amendments made by this Schedule, the following provisions are repealed or revoked—

(a)section 95(4) of the Traffic Management Act 2004;

(b)paragraph 102 of Schedule 1 to the Fire and Rescue Services Act 2004;

(c)paragraph 14 of Schedule 1 and paragraphs 9(2) and 20(b) of Schedule 2 to the Public Audit (Wales) Act 2004;

(d)section 31(2) of the Legislative and Regulatory Reform Act 2006;

(e)section 158 of and paragraph 5(6) of Schedule 14 to the Local Government and Public Involvement in Health Act 2007;

(f)paragraphs 9 and 52 of Schedule 1 to the Housing and Regeneration Act 2008 (Registration of Local Authorities) Order 2010 (SI 2010/844);

(g)paragraph 10(6) of Schedule 17 to the Localism Act 2011;

(h)section 155(2) of the Health and Social Care Act 2012;

(i)paragraph 91(2) and (5) of Schedule 4 to the Public Audit (Wales) Act 2013 (anaw 3).

Commencement Information

I149Sch. 12 para. 123 in force at 1.4.2015 by S.I. 2015/841, art. 3(x)

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources