Local Government Act 1999

Best value inspections E+W+S

[F1 10 Inspections E+W

(1) The Secretary of State may appoint a person to carry out an inspection of a specified best value authority's compliance with the requirements of this Part in relation to specified functions.

(2) The Secretary of State may appoint assistant inspectors for the purposes of the inspection.

(3) The appointment of an assistant inspector must be made on the recommendation of the inspector, unless the Secretary of State thinks that the urgency of the inspection makes it necessary to dispense with this requirement.

(4) In carrying out an inspection, the inspector and any assistant inspector must—

(a) have regard to any guidance issued by the Secretary of State generally in relation to inspections, and

(b) comply with any directions issued by the Secretary of State in relation to that inspection.]

Textual Amendments

F1 S. 10 substituted (4.4.2014) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 10 para. 2; S.I. 2014/900, art. 2(c)

Commencement Information

I1 S. 10 wholly in force at 1.4.2000; s. 10 not in force at Royal Assent see s. 27 ; s. 10(4) in force for certain purposes at 27.9.1999 by S.I. 1999/2169, art. 3(2), Sch. 2; s. 10(4) in force at (W.) 1.10.1999 by S.I. 1999/2815, art. 2; s. 10(1)-(4) in force (E.) at 1.4.2000 and (W.) for certain purposes at 1.4.2000 in so far as not already in force by S.I. 1999/2169, art. 4(2), Sch. 3; s. 10(1)-(3) in force (W.) at 1.4.2000 by S.I. 1999/2815, art. 3

F2 10A Inspections: Auditor General for Wales E+W+S

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 S. 10A omitted (22.11.2012) by virtue of Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 245; S.I. 2012/2892, art. 2(i)

11 Inspectors’ powers and duties. E+W

(1) An inspector has a right of access at all reasonable times—

(a) to any premises of the best value authority concerned, and

(b) to any document relating to the authority which appears to him to be necessary for the purposes of the inspection.

[F3 (1A) The right conferred by subsection (1)(b) includes power to inspect, copy or take away the document.]

(2) An inspector—

(a) may require a person holding or accountable for any such document to give him such information and explanation as he thinks necessary, and

(b) may require that person to attend before him in person to give the information or explanation or to produce the document.

[F4 (2A) In relation to a document kept in electronic form, the power in subsection (2)(b) to require a person to produce a document includes power to require it to be produced in a form in which it is legible and can be taken away.

(2B) In connection with inspecting such a document, an inspector—

(a) may obtain access to, and inspect and check the operation of, any computer and associated apparatus or material which he considers is or has been used in connection with the document;

(b) may require a person within subsection (2C) to afford him such reasonable assistance as he may require for that purpose.

(2C) A person is within this subsection if he is—

(a) the person by whom or on whose behalf the computer is or has been used; or

(b) a person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material.]

(3) A best value authority shall provide an inspector with every facility and all information which he may reasonably require for the purposes of the inspection.

(4) An inspector shall—

(a) give three clear days’ notice of any requirement under this section, and

(b) F5 ..., if so required, produce documents identifying himself.

(5) A person who without reasonable excuse [F6 obstructs the exercise of any power conferred by this section or] fails to comply with a requirement of an inspector under this section is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(6) Any expenses incurred by an inspector in connection with proceedings for an offence under subsection (5) alleged to have been committed in relation to an inspection of a best value authority are, so far as not recovered from any other source, recoverable from the authority.

[F7 (7) In this section “ inspector ” means—

(a) [F8 an inspector or assistant inspector appointed under section 10(1) or (2). ]

F9 (b)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 S. 11(1A) inserted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 151(2)(a), 245(5); S.I. 2008/172, art. 2(1)(b)

F4 S. 11(2A)-(2C) inserted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 151(2)(b), 245(5); S.I. 2008/172, art. 2(1)(b)

F5 Word in s. 11(4)(b) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 8 para. 16, Sch. 18 Pt. 8; S.I. 2008/917, art. 2(1)(e)(i)(v)

F6 Words in s. 11(5) inserted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 151(2)(c), 245(5); S.I. 2008/172, art. 2(1)(b)

F7 S. 11(7) substituted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 1 para. 10; S.I. 2005/558, art. 2, Sch. 1

F8 Words in s. 11(7) substituted for s. 11(7)(a) (4.4.2014) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 10 para. 3; S.I. 2014/900, art. 2(c)

F9 S. 11(7)(b) omitted (1.4.2014) by virtue of Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 10 (with Sch. 3 para. 3); S.I. 2013/1466, art. 3(1)

Modifications etc. (not altering text)

C1 S. 11 applied by 1998 c. 18, s. 41A(5) (as inserted (18.11.2003 for specified purposes, 27.11.2003 for specified purposes, 1.4.2004 in so far as not already in force) by Local Government Act 2003 (c. 26), ss. 109(1), 128(3)(c), 128(4)(d); S.I. 2003/2938, arts. 2(d), 6(a) (with art. 8 Sch.); S.I. 2003/3034, art. 2, Sch. 1 Pt. I)

C2 Ss. 10-13 applied (with modifications) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 24, 61; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

C3 S. 11(1)-(6) applied (1.9.2005) by Children Act 2004 (Joint Area Reviews) Regulations 2005 (S.I. 2005/1973), reg. 1(1), Sch. para. 8(2)

Commencement Information

I2 S. 11 wholly in force at 1.4.2000; s. 11 not in force at Royal Assent see s. 27 ; s. 11 in force (E.) at 1.4.2000 and (W.) for certain purposes at 1.4.2000 by S.I. 1999/2169 , art. 4(2), Sch. 3; s. 11 in force (W.) at 1.4.2000 by S.I. 1999/2815, art. 3

[F10 12 Fees E+W

An authority inspected under section 10 must pay the reasonable fees of the inspector for carrying out the inspection.]

Textual Amendments

F10 S. 12 substituted (4.4.2014) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 10 para. 4; S.I. 2014/900, art. 2(c)

[F11 12A Fees: inspections under section 10A E+W+S

[F12 (1) The Auditor General for Wales shall prescribe a scale or scales of fees in respect of inspections carried out under section 10A.

(2) An authority inspected under section 10A shall, subject to subsection (3), pay to the Auditor General for Wales the fee applicable to the inspection in accordance with the appropriate scale.

(3) If it appears to the Auditor General for Wales that the work involved in a particular inspection was substantially more or less than that envisaged by the appropriate scale, the Auditor General for Wales may charge a fee which is larger or smaller than that referred to in subsection (2).

(4) Before prescribing a scale of fees under this section the Auditor General for Wales shall consult—

(a) the Secretary of State, and

(b) persons appearing to the Auditor General for Wales to represent F13 [best value authorities which may be inspected under section 10A].]]

Textual Amendments

F11 S. 12A inserted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 1 para. 12; S.I. 2005/558, art. 2, Sch. 1

F12 S. 12A omitted (E.W.) (1.4.2014) by virtue of Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 11 (with Sch. 3 para. 3); S.I. 2013/1466, art. 3(1)

F13 Words in s. 12A(4)(b) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 8 para. 17; S.I. 2008/917, art. 2(1)(e)

13 Reports. E+W

(1) Where [F14 an inspector ] has carried out an inspection of an authority under section 10 [F15 the inspector ] shall issue a report.

(2) A report—

(a) shall mention any matter in respect of which the [F16 inspector ] believes as a result of the inspection that the authority is failing to comply with the requirements of this Part, and

(b) may, if it mentions a matter under paragraph (a), recommend that the Secretary of State give a direction under section 15.

(3) The [F17 inspector ] —

(a) shall send a copy of a report to the authority concerned [F18 and to the Secretary of State ] , and

(b) may publish a report and any information in respect of a report.

[F19 (3A) The Secretary of State may publish a report and any information in respect of a report.]

(4) If a report recommends that the Secretary of State give a direction under section 15, the [F20 inspector ] shall as soon as reasonably practicable—

(a) arrange for the recommendation to be published, F21 ...

F21 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F22 (4A) [F23 If a report relates to any extent to the administration of housing benefit or council tax benefit and the [F24 inspector] thinks fit to do so, [F25 the inspector] shall as soon as reasonably practicable send a copy of the report to the Secretary of State.]]

F26 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F14 Words in s. 13(1) substituted (4.4.2014) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 10 para. 5(2)(a); S.I. 2014/900, art. 2(c)

F15 Words in s. 13(1) substituted (4.4.2014) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 10 para. 5(2)(b); S.I. 2014/900, art. 2(c)

F16 Word in s. 13(2)(a) substituted (4.4.2014) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 10 para. 5(3); S.I. 2014/900, art. 2(c)

F17 Word in s. 13(3) substituted (4.4.2014) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 10 para. 5(4)(a); S.I. 2014/900, art. 2(c)

F18 Words in s. 13(3)(a) inserted (4.4.2014) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 10 para. 5(4)(b); S.I. 2014/900, art. 2(c)

F19 S. 13(3A) inserted (4.4.2014) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 10 para. 5(5); S.I. 2014/900, art. 2(c)

F20 Word in s. 13(4) substituted (4.4.2014) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 10 para. 5(6)(a); S.I. 2014/900, art. 2(c)

F21 S. 13(4)(b) and word omitted (4.4.2014) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 10 para. 5(6)(b); S.I. 2014/900, art. 2(c)

F22 S. 13(4A) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 147(1), 245(5); S.I. 2008/172, art. 4(b)

F23 S. 13(4A) omitted (1.4.2013 for specified purposes) by virtue of Local Audit and Accountability Act 2014 (c. 2), Sch. 10 para. 11(a) (see S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9, 10, Sch. 5))

F24 Word in s. 13(4A) substituted (temp.) (4.4.2014) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 10 paras. 5(7)(a), 11(b); S.I. 2014/900, art. 2(c)

F25 Words in s. 13(4A) substituted (temp.) (4.4.2014) by Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 10 paras. 5(7)(b), 11(b); S.I. 2014/900, art. 2(c)

F26 S. 13(5) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 8 para. 18, Sch. 18 Pt. 8; S.I. 2008/917, art. 2(1)(e)(i)(v)

Modifications etc. (not altering text)

C2 Ss. 10-13 applied (with modifications) (1.10.2004 except in relation to W., 10.11.2004 for W.) by Fire and Rescue Services Act 2004 (c. 21), ss. 24, 61; S.I. 2004/2304, art. 2; S.I. 2004/2917, art. 2

Commencement Information

I3 S. 13 wholly in force at 1.4.2000; s. 13 not in force at Royal Assent see s. 27 ; s. 13 in force (E.) at 1.4.2000 and (W.) for certain purposes at 1.4.2000 by S.I. 1999/2169 , art. 4(2), Sch. 3; s. 13 in force (W.) at 1.4.2000 by S.I. 1999/2815, art. 3

[F27 13A Reports of inspections under section 10A E+W+S

[F28 (1) Where the Auditor General for Wales has carried out an inspection of an authority under section 10A he shall issue a report.

(2) A report—

(a) shall mention any matter in respect of which the Auditor General for Wales believes as a result of an inspection that the authority is failing to comply with the requirements of this Part, and

(b) may, if it mentions a matter under paragraph (a), recommend that the Secretary of State give a direction under section 15.

(3) The Auditor General for Wales—

(a) shall send a copy of a report to the authority concerned, and

(b) may publish a report and any information in respect of a report.

(4) If a report recommends that the Secretary of State give a direction under section 15, the Auditor General for Wales shall as soon as reasonably practicable—

(a) arrange for the recommendation to be published, and

send a copy of the report to the Secretary of State.

[F29 (4A) [F30 If a report relates to any extent to the administration of housing benefit or council tax benefit and the Auditor General for Wales thinks fit to do so, he shall as soon as reasonably practicable send a copy of the report to the Secretary of State.]]

(5) [F31 If a report states that the Auditor General for Wales believes as a result of an inspection that [F32 a Welsh best value authority] is failing to comply with the requirements of this Part, the next performance plan prepared by the authority under section 6 must record—

(a) that fact, and

(b) any action taken by the authority as a result of the report.]]]

Textual Amendments

F27 S. 13A inserted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 1 para. 13; S.I. 2005/558, art. 2, Sch. 1

F28 S. 13A omitted (E.W.) (1.4.2014) by virtue of Public Audit (Wales) Act 2013 (anaw 3), s. 35(2), Sch. 4 para. 12 (with Sch. 3 para. 3); S.I. 2013/1466, art. 3(1)

F29 S. 13A(4A) inserted (1.4.2008) by Welfare Reform Act 2007 (c. 5), ss. 38(1), 70(2); S.I. 2008/411, art. 2(3)(a)

F30 S. 13A(4A) repealed (1.4.2013 for specified purposes) by Welfare Reform Act 2012 (c. 5), s. 150(3), Sch. 14 Pt. 1; S.I. 2013/358, art. 8(c), Sch. 4 (with arts. 9 10 Sch. 5)

F31 S. 13A(5) repealed (E.W.) (1.4.2010) by Local Government (Wales) Measure 2009 (nawm 2), s. 53(2), Sch. 1 para. 15, Sch. 4; S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

F32 Words in s. 13A(5) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 8 para. 19; S.I. 2008/917, art. 2(1)(e)

14 Inspections: housing benefit and council tax benefit. E+W+S

(1) The following shall be substituted for section 139A(1) and (2) of the Social Security Administration Act 1992 (reports on administration of housing benefit and council tax benefit)—

“(1) The Secretary of State may authorise persons to consider and report to him on the administration by authorities of housing benefit and council tax benefit.

(2) The Secretary of State may ask persons authorised under subsection (1) to consider in particular—

(a) authorities’ performance in the prevention and detection of fraud relating to housing benefit and council tax benefit;

(b) authorities’ compliance with the requirements of Part I of the Local Government Act 1999 (best value).

(2A) A person may be authorised under subsection (1)—

(a) on such terms and for such period as the Secretary of State thinks fit;

(b) to act generally or in relation to a specified authority or authorities;

(c) to report on administration generally or on specified matters.”

(2) In section 139C(1) of that Act (reports) for the words from “in particular” to the end there shall be substituted “in particular—

(a) in the prevention and detection of fraud relating to benefit, or

(b) for the purposes of complying with the requirements of Part I of the Local Government Act 1999 (best value).”

Commencement Information

I4 S. 14 wholly in force at 27.7.2000; s. 14 not in force at Royal Assent see s. 27 ; s. 14 in force (E.W.) at 1.4.2000 by S.I. 1999/2169, art. 4(1); s. 14 in force at 27.7.2000 in so far as not already in force see s. 27

15 Secretary of State’s powers. E+W

(1) This section applies in relation to a best value authority if the Secretary of State is satisfied that it is failing to comply with the requirements of this Part.

(2) Where this section applies in relation to an authority the Secretary of State may

F33 [F34 (aa)] . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) [F35 in the case of any best value authority, direct it] to carry out a review of its exercise of specified functions.

(3) Where this section applies in relation to an authority the Secretary of State may direct a local inquiry to be held into the exercise by the authority of specified functions.

(4) Subsections (2) to (5) of section 250 of the M1 Local Government Act 1972 (inquiries) shall apply in relation to an inquiry which the Secretary of State directs to be held under this section as they apply in relation to an inquiry which a Minister causes to be held under that section.

(5) Where this section applies in relation to an authority the Secretary of State may direct the authority to take any action which he considers necessary or expedient to secure its compliance with the requirements of this Part.

(6) Where this section applies in relation to an authority the Secretary of State may direct—

(a) that a specified function of the authority shall be exercised by the Secretary of State or a person nominated by him for a period specified in the direction or for so long as the Secretary of State considers appropriate, and

(b) that the authority shall comply with any instructions of the Secretary of State or his nominee in relation to the exercise of that function and shall provide such assistance as the Secretary of State or his nominee may require for the purpose of exercising the function.

[F36 (6A) So far as is appropriate in consequence of a direction given under subsection (6)(a), a reference (however expressed) in an enactment, instrument or other document to a best value authority is to be read as a reference to the person by whom the function is exercisable.

(6B) Subsection (6C) applies if a direction given under subsection (6)(a) expires or is revoked without being replaced.

(6C) So far as is appropriate in consequence of the expiry or revocation, a reference (however expressed) in an instrument or other document to the person by whom the function was exercisable is to be read as a reference to the best value authority to which the direction was given.]

(7) The Secretary of State may by regulations make provision which—

(a) relates to an enactment which confers a function on him in respect of a function of a best value authority, and

(b) he considers necessary or expedient for the purposes of cases in which he makes a direction under subsection (6)(a).

(8) Regulations under subsection (7) may, in relation to the cases mentioned in subsection (7)(b)—

(a) disapply or modify an enactment of the kind mentioned in subsection (7)(a);

(b) have an effect similar to the effect of an enactment of that kind.

(9) Subject to subsection (11), before giving a direction under this section the Secretary of State shall give the authority concerned an opportunity to make representations about—

(a) the report (if any) as a result of which the direction is proposed, and

(b) the direction proposed.

F37 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(11) The Secretary of State may give a direction without complying with subsection (9) F38 ... if he considers the direction sufficiently urgent.

(12) Where the Secretary of State gives a direction without complying with subsection (9) F38 ... he shall inform—

(a) the authority concerned, and

(b) such persons appearing to him to represent best value authorities as he considers appropriate,

of the direction and of the reason why it was given without complying with subsection (9) or (10).

(13) A direction given under this section shall be enforceable by order of mandamus on the application of the Secretary of State.

Textual Amendments

F33 S. 15(2)(aa) repealed (1.4.2010) by Local Government (Wales) Measure 2009 (nawm 2), s. 53(2), Sch. 1 para. 16, Sch. 4; S.I. 2009/3272, art. 3(1), Sch. 2 (with art. 3(2)-(5)) (as amended (8.9.2010) by S.I. 2010/2237, art. 2)

F34 S. 15(2)(aa) substituted for s. 15(2)(a)(b) and words (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 8 para. 20(a); S.I. 2008/917, art. 2(1)(e)

F35 Words in s. 15(2)(c) inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 8 para. 20(b); S.I. 2008/917, art. 2(1)(e)

F36 S. 15(6A)-(6C) inserted (13.5.2014) by Children and Families Act 2014 (c. 6), ss. 101(3), 139(4)

F37 S. 15(10) omitted (4.4.2014) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 10 para. 6(a); S.I. 2014/900, art. 2(c)

F38 Words in s. 15(11)(12) omitted (4.4.2014) by virtue of Local Audit and Accountability Act 2014 (c. 2), s. 49(1), Sch. 10 para. 6(b); S.I. 2014/900, art. 2(c)

Commencement Information

I5 S. 15 wholly in force at 1.4.2000; s. 15 not in force at Royal Assent see s. 27; s. 15(7)(8) in force (E.) at 27.9.1999 and (W.) for certain purposes at 27.9.1999 by S.I. 1999/2169, art. 3(2), Sch. 2; s. 15(1)-(6) (9)-(13) in force (E.) at 1.4.2000 and (W.) for certain purposes at 1.4.2000 by S.I. 1999/2169, art. 4(2), Sch. 3; s. 15 in force (W.) at 1.4.2000 by S.I. 1999/2815, art. 3

Marginal Citations

M1 1972 c.70.