Local Government and Public Involvement in Health Act 2007

Valid from 31/03/2008

Benefits inspections E+W

Valid from 01/04/2008

147 Powers of the Audit Commission relating to benefits E+W

(1) In section 13 of the Local Government Act 1999 (c. 27) (reports by Audit Commission relating to best value authorities), after subsection (4) insert—

“(4A) If a report relates to any extent to the administration of housing benefit or council tax benefit and the Commission thinks fit to do so, it shall as soon as reasonably practicable send a copy of the report to the Secretary of State.”

(2) In section 139D of the Social Security Administration Act 1992 (c. 5) (power of Secretary of State to give directions following report), in subsection (1), after paragraph (ba) insert—

“(bb) a copy of a report has been sent to a local authority under subsection (3) of section 13 of the Local Government Act 1999 and to the Secretary of State under subsection (4A) of that section;”.

148 Benefit Fraud Inspectorate: transfers to the Audit Commission E+W

(1) The Secretary of State may make a scheme for the transfer to the Audit Commission of property, rights and liabilities of—

(a) the Secretary of State;

(b) a person authorised under section 139A of the Social Security Administration Act 1992 (reports on administration of housing benefit and council tax benefit).

(2) The Secretary of State may only exercise the power under subsection (1) to the extent that he considers it appropriate having regard to the functions of the Audit Commission relating to the administration of housing benefit and council tax benefit in England.

(3) Before making a scheme under this section, the Secretary of State must consult the Audit Commission.

(4) A transfer scheme may make provision for rights and liabilities relating to an individual's contract of employment to be transferred, but only if—

(a) immediately before the date on which the scheme takes effect, the individual is employed in the civil service of the State in the part of the Department for Work and Pensions known as the Benefit Fraud Inspectorate; and

(b) the individual and the Audit Commission have consented to the provision.

(5) Schedule 10 (further provision about transfer schemes) has effect.

(6) For the purposes of this section and Schedule 10, where an individual is employed in the civil service of the State on terms which do not constitute a contract of employment—

(a) the individual shall be treated as if he were employed under a contract of employment; and

(b) the terms of his service shall be treated as if they were the terms of the contract.

(7) In this section and in Schedule 10—

• “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England;

• “transfer scheme” means a transfer scheme under subsection (1).