13Failure of clinical commissioning group to appoint local auditor
(1)If a clinical commissioning group fails to appoint an auditor in accordance with this Part, it must immediately inform the National Health Service Commissioning Board (“the Board”) of that fact.
(2)If it appears to the Board that a clinical commissioning group has failed to appoint an auditor in accordance with this Part, the Board must inform the Secretary of State of that fact by the end of 25 March in the financial year preceding the financial year to which the accounts to be audited relate.
(3)If the Secretary of State has been informed by the Board under subsection (2), the Secretary of State may—
(a)take either of the steps in subsection (4), or
(b)direct the Board to take whichever of the steps in subsection (4) the Board considers appropriate.
(4)Those steps are—
(a)to direct the clinical commissioning group to appoint an auditor named in the direction given under this paragraph, or
(b)to appoint an auditor on behalf of the group.
(5)An appointment under subsection (4)(b) takes effect—
(a)as if it had been made by the clinical commissioning group, and
(b)on such terms as the Secretary of State or (as the case may be) the Board may direct.
(6)The Secretary of State or the Board must—
(a)inform the clinical commissioning group of the intention to give a direction or appoint an auditor under subsection (4) not less than 28 days before the direction is given or the appointment made, and
(b)consider any representations made by the group regarding the proposed direction or appointment.
(7)But the Secretary of State or the Board may give a direction or make an appointment under subsection (4) without having complied with subsection (6) if the Secretary of State or the Board thinks it is likely that an auditor would have to exercise a function under this Act in relation to the clinical commissioning group within the period of 60 days beginning with the day on which the direction is given or the appointment is made.