Local Government and Public Involvement in Health Act 2007

Valid from 31/01/2008

Studies and reports etc E+W

153 National studies E+W

(1) Part 3 of the Audit Commission Act 1998 (c. 18) (studies, performance standards and other functions) is amended as follows.

(2) In section 33(6) (studies for improving economy etc in services)—

(a) before paragraph (a) insert—

“(za) consult the Secretary of State;”;

(b) in paragraph (c), omit “the Secretary of State,”;

(c) in paragraph (ca), after “consult” insert “ the Welsh Ministers and ”;

(d) after paragraph (e) insert “; and

(f) in the case of any other study relating to a body in respect of which the Welsh Ministers may exercise functions, consult the Welsh Ministers.”

(3) In section 34(6) (reports on impact of statutory provisions etc)—

(a) for paragraph (b) substitute—

“(b) the Secretary of State;”;

(b) in paragraph (da), after “consult” insert “ the Welsh Ministers and ”.

154 Studies at request of particular bodies E+W

In the Audit Commission Act 1998, omit—

(a) section 35 (studies at request of bodies subject to audit);

(b) section 35A (studies for functional bodies at request of Greater London Authority).

155 Registered social landlords E+W

(1) In section 40(1) of the Audit Commission Act 1998 (studies relating to registered social landlords), omit “(other than registered social landlords in Wales)”.

(2) In section 41A of that Act (inspections of registered social landlords), omit subsection (1A) (registered social landlords in Wales).

(3) After section 41B of that Act insert—

“41C Advice and assistance for registered social landlords

(1) The Commission may, if it thinks it appropriate to do so, provide advice or assistance to a registered social landlord for the purpose of the exercise by the registered social landlord of its functions.

(2) Advice or assistance under this section may be provided on such terms, including terms as to payment, as the Commission thinks fit.”

(4) Omit section 42 of that Act (consultancy services relating to audit of accounts of registered social landlords).

(5) For section 43 of that Act substitute—

“43 Meaning of “registered social landlord”

In sections 40 to 41C, “registered social landlord” means a body registered as a social landlord under Part 1 of the Housing Act 1996, other than a body mentioned in any of paragraphs (a) to (c) of section 56(2) of that Act (bodies registered in Wales).”

Valid from 01/04/2008

156 Information about performance standards of local authorities etc E+W

In the Audit Commission Act 1998 (c. 18), omit sections 44 to 47 (publication of information about standards of performance).

Valid from 01/04/2008

157 Reports on English local authorities E+W

(1) In Part 3 of the Audit Commission Act 1998, after section 47 insert—

“Reports on performance E+W

“47A Reports relating to performance of English local authorities

(1) The Commission may produce comparative and other reports in relation to one or more of the following aspects of the performance of English local authorities in exercising their functions—

(a) the risk that authorities may fail to perform their functions or fail to perform their functions adequately;

(b) the rate at which authorities' performance is improving;

(c) the economy, efficiency and effectiveness of authorities' use of resources.

(2) A report under subsection (1) may relate to—

(a) all English local authorities;

(b) any particular English local authority or authorities; or

(c) particular descriptions of English local authority.

(3) A report under subsection (1) may relate to particular functions of authorities.

(4) In this section, “English local authority” means—

(a) a county council in England;

(b) a district council;

(c) a London borough council;

(d) the Council of the Isles of Scilly;

(e) the Common Council of the City of London in its capacity as a local authority;

(f) a metropolitan fire and civil defence authority;

(g) the London Fire and Emergency Planning Authority; or

(h) a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies.

(5) The Secretary of State may by order amend the definition of “English local authority” in subsection (4) by adding any authority or body which is a best value authority, other than—

(a) an authority or body which is a Welsh best value authority for the purposes of Part 1 of the Local Government Act 1999;

(b) a police authority for a police area in Wales.

(6) The Secretary of State may by order remove from that definition any authority or body for the time being mentioned in it.

(7) The powers in subsections (5) and (6) may be exercised to add or remove an authority or body to the extent that it acts in a capacity, or exercises functions, specified in the order.

(8) Before making an order under subsection (5) or (6) the Secretary of State must consult the best value authorities concerned or persons appearing to him to represent the best value authorities concerned.”

(2) In section 48 of that Act (provision of information etc to the Commission), in subsection (2) (functions in relation to which powers to obtain information etc do not apply), at the end insert “ or 47A ”.

Valid from 01/08/2009

158 Reports categorising English local authorities E+W

(1) Section 99 of the Local Government Act 2003 (c. 26) (categorisation of English local authorities by reference to performance) is amended as follows.

(2) In subsection (1)—

(a) for “from time to time” substitute “ , if the Secretary of State so directs, ”;

(b) after “English local authorities” insert “ , or of English local authorities of a description specified in the direction, ”.

(3) After subsection (2) insert—

“(2A) A direction by the Secretary of State under subsection (1) may specify—

(a) the period or periods of performance to be covered by the report;

(b) the form of the report;

(c) the time by which the report must be produced.

(2B) The power to give a direction under subsection (1) includes power to give a direction varying or revoking a previous direction given in exercise of that power.

(2C) The Secretary of State must consult the Audit Commission before giving a direction under subsection (1).”