Local Government and Public Involvement in Health Act 2007 (c. 28)

Valid from 31/01/2008

Part 8 E+W Local services: inspection and audit

Chapter 2 E+W Audit Commission and auditors: functions and procedure

Studies and reports etc E+W

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 ”.