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Audit Commission Act 1998

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Commencement Orders bringing legislation that affects this Act into force:

[F118Recovery of amount not accounted for etc.E+W

(1)Where it appears to the auditor carrying out an audit under this Act, other than an audit of accounts of a health service body—

(a)that any person has failed to bring into account a sum which should have been brought into account and that the failure has not been sanctioned by the Secretary of State, or

(b)that a loss has been incurred or deficiency caused by the wilful misconduct of any person,

the auditor shall certify that the sum, or the amount of the loss or deficiency, is due from that person.

(2)Subject to subsections (4) and (8), both the auditor and the body concerned (or, if it is a parish meeting, its chairman) may recover for the benefit of the body a sum or amount certified under this section as due; and if the sum or amount is certified to be due from two or more persons, they shall be jointly and severally liable for it.

(3)A person aggrieved by a decision of an auditor to certify under this section that a sum or amount is due from him may—

(a)not later than six weeks after being notified of the decision, require the auditor to state in writing the reasons for his decision, and

(b)appeal against the decision to the court.

(4)On an appeal under subsection (3) the court may—

(a)confirm, vary or quash the decision, and

(b)give any certificate which the auditor could have given.

(5)A person who has made an objection under section 16(1)(a) and is aggrieved by a decision of an auditor not to certify under this section that a sum or amount is due from another person may—

(a)not later than six weeks after being notified of the decision, require the auditor to state in writing the reasons for his decision, and

(b)appeal against the decision to the court.

(6)On an appeal under subsection (5) the court may—

(a)confirm or quash the decision, and

(b)give any certificate which the auditor could have given.

(7)If a certificate under this section relates to a loss or deficiency caused by the wilful misconduct of a person who is, or was at the time of the misconduct, a member of a local authority and the amount certified to be due from him exceeds £2,000, that person shall be disqualified for being a member of a local authority for five years beginning—

(a)on the ordinary date on which the period for bringing an appeal against a decision to give the certificate expires, or

(b)if such an appeal is brought, on the date on which the appeal is finally disposed of or abandoned or fails for non-prosecution.

(8)A sum or amount certified under this section to be due from any person is payable within 14 days after the date of issue of the certificate or, if an appeal is brought, within 14 days after the appeal is finally disposed of or abandoned or fails for non-prosecution.

(9)In proceedings for the recovery of a sum or amount due under this section—

(a)a certificate signed by an auditor appointed by the Commission stating that the sum or amount is due from a person specified in the certificate to a body specified there is conclusive evidence of that fact; and

(b)a certificate purporting to be so signed shall be taken to have been so signed unless the contrary is proved.

(10)On an appeal under this section relating to the accounts of a body, the court may make such order as it thinks fit for the payment by that body of expenses incurred in connection with the appeal by—

(a)the auditor,

(b)the person to whom the appeal relates, or

(c)the person by whom the appeal is brought.

(11)Any expenses incurred by an auditor in recovering a sum or amount certified under this section to be due in connection with the accounts of a body, so far as not recovered from any other source, are recoverable from that body unless the court otherwise directs.

(12)Subsections [F2(6) to (8)] of section 17 also apply for the purposes of this section.]

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Amendments (Textual)

F1S. 18 repealed (27.7.2002 in relation to E. and to police authorities in W.) by 2000 (c. 22), s. 107, Sch. 6, S.I. 2002/1718, art. 2

F2Words in s. 18(12) substituted (8.5.2000 for specified purposes and otherwise 3.7.2000) by 1999 c. 29, s. 133(2), Sch. 8 para. 7 (with Sch. 12 para. 9(1)); S.I. 1999/3434, arts. 3, 4

Modifications etc. (not altering text)

C3S. 18 excluded (8.5.2000) by 1999 c. 29, s. 134(5) (with Sch. 12 para. 9(1)); S.I. 1999/3434, art. 3

S. 18 applied (temp from 27.11.2001 to 27.11.2002) by S.I. 2001/3576, art. 3(1)(e)

S. 18 applied (temp from 27.11.2001 to 27.11.2002) by S.I. 2001/3577, art. 3(1)(d)

S. 18 applied (temp from 27.11.2001 to 27.11.2002) by S.I. 2001/3578, art. 3(1)(d)

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