Part VIIS Finance

Modifications etc. (not altering text)

Accounts and auditS

97 Establishment of Commission for Local Authority Accounts in Scotland.S

(1)There shall be established a body, to be known as the [F1Accounts Commission for Scotland] (hereafter in this Part of this Act referred to as “the Commission”), which shall consist of such number of members, not being more than [F2twelve]or less than [F2six], as the Secretary of State may determine, and the members shall be appointed by the Secretary of State after consultation with such associations of local authorities F3. . . as appear to him to be concerned and with such other organisations or persons as he may think appropriate.

(2)The Commission shall have the following functions, that is to say—

(a)securing the audit of all accounts of

[F4(i)]local authorities

[F5F6(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F7(iii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F5(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

in accordance with the provisions of this Part of this Act;]

(b)considering all reports made in accordance with the said provisions and investigating all matters raised by any such report;

(c)making recommendations to the Secretary of State and to local authorities F8. . . in accordance with the said provisions; . . . F9

(d)advising the Secretary of State on any matter relating to the accounting of local authorities F10. . . which he may refer to them for advice [F11and

(e)functions conferred by sections 97A and 97B of this Act.]

[F12(2AA)Any function of the Commission may be exercised on behalf of the Commission by any person (whether or not a member of the staff of Audit Scotland) authorised by the Commission to do so.

(2AB)Subsection (2AA) above does not apply in relation to the following functions—

(a)considering reports in pursuance of subsection (2)(b) above,

(b)appointing an auditor under subsection (6) below,

(c)deciding who is to audit any account, or class of account, in pursuance of this Part of this Act,

(d)deciding whether to undertake or promote a study under section 97A or 105A of this Act.

(2AC)Subsections (2AA) and (2AB) above do not affect the responsibility of the Commission for the exercise of their functions.]

F13(2A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F14(2B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The Secretary of State may, after consultation with the Commission, with such associations of local authorities F15. . . as appear to him to be concerned and with such other organisations or persons as he may think appropriate, give to the Commission directions of a general character as to the discharge of their functions and the Commission shall give effect to any direction so given.

(4)There shall be a Controller of Audit who shall be appointed by the Commission after consultation with, and subject to the approval of, the Secretary of State F16. . ..

[F17(4AA)The Controller of Audit shall, by virtue of appointment as such, be a member of the staff of Audit Scotland unless that person is also the Auditor General for Scotland.]

(4A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(4B). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(4C). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F18(4D). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F19(4E)The Secretary of State may supply to the Commission any information held by him which relates to housing benefit or council tax benefit and which appears to him to be relevant to the exercise of any of the functions of the Commission.]

(5)The provisions of Schedule 8 to this Act shall have effect in relation to the Commission.

(6)In this Part of this Act “auditor” includes [F20(a)] the Controller of Audit, [F20(b)][F21members of the staff of Audit Scotland], being professional accountants, and [F20(c)] . . . auditors appointed by the Commission for the purpose of conducting audits or, as the case may be, a particular audit, under this Part of this Act, F22 . . . F23. . .

F24(6A). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F25(7)A person shall not be appointed as auditor by the Commission under subsection (6) above unless–

(a)he is eligible for appointment as a company auditor under section 25 of the Companies Act 1989; or

[F26(b)he is a member of a body of accountants established in the United Kingdom or another EEA State.]]

[F27(7A)In subsection (7) above, “EEA State” means any State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 1992, as adjusted by the Protocol signed at Brussels on 17th March 1993.]

Textual Amendments

F2Words in s. 97(1) substituted (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(a); S.S.I. 2000/10 (c.1), art. 2(3)

F3Words in s. 97(1) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(a); S.S.I. 2000/10 (c. 1), art. 2(3)

F5S. 97(2)(a)(ii)(iv)(v) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(b); S.S.I. 2000/10 (c. 1), art. 2(3)

F7S. 97(2)(a)(iii) repealed (1.10.1999) by 1999 c. 8, ss. 65, Sch. 5; S.S.I. 1999/90, art. 2 Sch. 2

F8Words in s. 97(2)(c) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(b); S.S.I. 2000/10 (c.1), art. 2(3)(b)

F10Words in s. 97(2)(d) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(b); S.S.I. 2000/10 (c.1), art. 2(3)

F11Word “and” and s. 97(2)(e) added by Local Government Act 1988 (c. 9, SIF 81:1, 2), s. 35(2)

F12S. 97(2AA-2AC) inserted (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(c); S.S.I. 2000/10 (c.1), art. 2(3)

F14S. 97(2B) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(d); S.S.I. 2000/10 (c.1), art. 2(3)(d)

F15Words in s. 97(3) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(e); S.S.I. 2000/10 (c.1), art. 2(3)

F16Words in s. 97(4) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(f); S.S.I. 2000/10 (c.1), art. 2(3)

F17S. 97(4AA) inserted (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(g); S.S.I. 2000/10 (c.1), art. 2(3)

F18S. 97(4A)-(4D) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(h); S.S.I. 2000/10 (c.1), art. 2(3)

F19S. 97(4E) inserted (1.7.1997) by 1997 c. 47, s. 7(2); S.I. 1997/1577, art. 2, Sch.

F21Words in 97(6) substituted (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(i); S.S.I. 2000/10 (c.1), art. 2(3)

F22Words in s. 97(6) omitted (1.10.1991) by virtue of S.I. 1991/1997, reg. 2, Sch. para. 23(a) (with reg. 4).

F23Words in S. 97(6) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(i); S.S.I. 2000/10 (c.1), art. 2(3)

F24S. 97(6A) repealed (1.4.2000) by 2000 asp 1, s. 26, Sch. 4 para. 3(3)(j); S.S.I. 2000/10 (c.1), art. 2(3)

F25S. 97(7) substituted (1.10.1991) by S.I. 1991/1997, reg. 2, Sch. para. 23(b) (with reg. 4).

F26S. 97(7)(b) substituted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 53(1), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

F27S. 97(7A) inserted (1.4.2003) by Local Government in Scotland Act 2003 (asp 1), ss. 53(2), 62(2); S.S.I. 2003/134, art. 2(1), Sch.

Modifications etc. (not altering text)