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Local Government Act 2003

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This is the original version (as it was originally enacted).

109Registered social landlords
This section has no associated Explanatory Notes

(1)After section 41 of the Audit Commission Act 1998 there is inserted—

41AInspections of registered social landlords

(1)The Commission may carry out an inspection of—

(a)the quality of services provided by a registered social landlord;

(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.

(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 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 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 inspections under subsection (1), consult the Relevant Authority.

41BFees 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)—

(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 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.

(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 Assembly for Wales is the Relevant Authority, the Assembly.

(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.

(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.

(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 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

(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”.

(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—

8AEach 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 carrying-out of its functions under section 41A.

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