Part VII Finance

Accounts and audit

F1103B Action by Commission on receipt of special reports

(1)

On receiving a special report under section 102(3) of this Act from the Controller of Audit, the Commission may—

(a)

direct the Controller to carry out further investigations;

(b)

hold a hearing;

(c)

state a case on any question of law arising on the special report for the opinion of the Court of Session;

(d)

subject to subsections (2) and (3) below, do none of the above.

(2)

The Commission shall hold a hearing if requested to so in writing by—

(a)

the local authority which was sent a copy of the report under section 102(3A) of this Act;

(b)

any person, named or referred to in the report—

(i)

as being to blame in connection with an item of account being contrary to law;

(ii)

whose failure, negligence or misconduct is a subject of the report; or

(iii)

who was sent a copy of the report under section 102(3A) of this Act.

(3)

The Commission shall state a case under subsection (1)(c) above if directed to do so by the Court of Session.