Local Audit and Accountability Act 2014

1. Introductory Text

2. Part 1 Abolition of existing audit regime

   1. 1. Abolition of existing audit regime

3. Part 2 Basic concepts and requirements

   1. 2. Relevant authorities

   2. 3. General requirements for accounts

   3. 4. General requirements for audit

   4. 5. Modification of Act in relation to smaller authorities

   5. 6. Meaning of “smaller authority”

4. Part 3 Appointment etc of local auditors

   1. 7. Appointment of local auditor

   2. 8. Procedure for appointment

   3. 9. Requirement to have auditor panel

   4. 10. Functions of auditor panel

   5. 11. Relationship with relevant authority

   6. 12. Failure to appoint local auditor

   7. 13. Failure of clinical commissioning group to appoint local auditor

   8. 14. Limitation of local auditor’s liability

   9. 15. Further provisions about liability limitation agreements

   10. 16. Resignation and removal of local auditor

   11. 17. Appointment of auditor by specified person

5. Part 4 Eligibility and regulation of local auditors

   1. 18. Eligibility and regulation of local auditors

6. Part 5 Conduct of local audit

   1. Codes of practice and guidance

      1. 19. Codes of audit practice and guidance

   2. General powers and duties of auditors

      1. 20. General duties of auditors

      2. 21. General duties of auditors of accounts of health service bodies

      3. 22. Auditors’ right to documents and information

      4. 23. Offences relating to section 22

   3. Reports and recommendations

      1. 24. Reports and recommendations

   4. Public inspection etc and action by auditor

      1. 25. Inspection of statements of accounts etc

      2. 26. Inspection of documents etc

      3. 27. Right to make objections at audit

      4. 28. Declaration that item of account is unlawful

   5. Prevention of unlawful expenditure etc

      1. 29. Advisory notices

      2. 30. Unlawful expenditure or activity of health service bodies

      3. 31. Power of auditor to apply for judicial review

   6. Accounts and audit regulations

      1. 32. Accounts and audit regulations

7. Part 6 Data matching

   1. 33. Data matching

8. Part 7 Miscellaneous and supplementary

   1. Miscellaneous

      1. 34. Best value inspections

      2. 35. Examinations by the Comptroller and Auditor General

      3. 36. Disclosure of information

      4. 37. Social security references and reports

      5. 38. Duty of smaller authorities to publish information

      6. 39. Code of practice on local authority publicity

      7. 40. Access to local government meetings and documents

      8. 41. Council tax referendums

      9. 42. Parish meetings: parish polls

   2. Supplementary

      1. 43. Orders and regulations

      2. 44. Interpretation of Act

      3. 45. Related amendments

      4. 46. Power to make consequential provision

      5. 47. Application to NHS trusts and trustees for NHS trusts

      6. 48. Extent

      7. 49. Commencement

      8. 50. Short title

9. SCHEDULES

   1. SCHEDULE 1

      Abolition of Audit Commission: supplementary provision

      1. Part 1 Arrangements in connection with abolition of Audit Commission

         1. 1. Transfer of property, rights and liabilities

         2. 2. Reduction in membership pending abolition

         3. 3. Final accounts

         4. 4. Final annual report

         5. 5. Payments in respect of pension liabilities

         6. 6. Meaning of “the abolition date”

      2. Part 2 Repeal of Audit Commission Act 1998: consequential repeals and revocations

   2. SCHEDULE 2

      Relevant authorities

      1. 1. A county council in England.

      2. 2. A district council.

      3. 3. A London borough council.

      4. 4. A parish council.

      5. 5. A joint authority established under Part 4 of the Local...

      6. 6. A Passenger Transport Executive.

      7. 7. The Greater London Authority.

      8. 8. A functional body.

      9. 9. The London Pensions Fund Authority.

      10. 10. The London Waste and Recycling Board.

      11. 11. The Common Council. NOTE: This Act applies to the Common...

      12. 12. A parish meeting.

      13. 13. The Council of the Isles of Scilly.

      14. 14. Charter trustees.

      15. 15. A port health authority for a port health district that...

      16. 16. The Broads Authority.

      17. 17. A National Park authority for a National Park in England....

      18. 18. A conservation board established by order of the Secretary of...

      19. 19. A police and crime commissioner for a police area in...

      20. 20. A chief constable for an area in England.

      21. 21. The Commissioner of Police of the Metropolis.

      22. 22. A fire and rescue authority in England constituted by a...

      23. 23. A clinical commissioning group.

      24. 24. Special trustees for a hospital.

      25. 25. An authority established for an area in England by an...

      26. 26. An internal drainage board for an internal drainage district that...

      27. 27. An economic prosperity board established under section 88 of the...

      28. 28. A combined authority.

      29. 29. Any person or body exercising functions in relation to an...

   3. SCHEDULE 3

      Further provisions about appointment of local auditors

      1. 1. Provisions applying to certain local authorities

      2. 2. Provisions applying to chief constables

      3. 3. Provisions applying to the Commissioner of Police of the Metropolis

      4. 4. Provisions applying to other authorities

   4. SCHEDULE 4

      Further provisions about auditor panels

      1. 1. Options for auditor panels

      2. 2. Constitution of auditor panels

      3. 3. Constitution of auditor panels: health service bodies

      4. 4. Power to make further provision about constitution of auditor panels

      5. 5. Application of local authority enactments to auditor panels

      6. 6. Status of auditor panels

      7. 7. Expenses of auditor panels

      8. 8. Meaning of “connected entity”

   5. SCHEDULE 5

      Eligibility and regulation of local auditors

      1. 1. (1) Part 42 of the Companies Act 2006 (statutory auditors)...

      2. 2. (1) The general modifications are that— (a) references to a...

      3. 3. Omit the following provisions— (a) Chapter 1 (introductory);

      4. 4. In section 1212 (individuals and firms: eligibility for appointment as...

      5. 5. For section 1214 (independence requirement) substitute— Independence requirement (1) A person (“P”) may not act as local auditor...

      6. 6. In section 1215 (effect of lack of independence) omit subsections...

      7. 7. In section 1216 (effect of appointment of a partnership), after...

      8. 8. In section 1217 (supervisory bodies), for subsection (1A) substitute—

      9. 9. For section 1219 (appropriate qualifications) substitute— Appropriate qualifications (1) A person holds an appropriate qualification for the purposes...

      10. 10. After section 1224 insert— Provision of documents to the Secretary...

      11. 11. (1) Section 1225 (enforcement: general) applies with the following modifications....

      12. 12. In section 1225C(3) (compliance orders) omit “or, in Scotland, the...

      13. 13. In section 1225F(10) (appeals against financial penalties) omit “or, in...

      14. 14. (1) Section 1239 (the register of auditors) applies with the...

      15. 15. In section 1240(1)(b) (information to be made available to public),...

      16. 16. For section 1248 (Secretary of State’s power to require second...

      17. 17. For section 1249 (supplementary provision about second audits) substitute— Supplementary...

      18. 18. (1) Section 1250 (misleading, false and deceptive statements) applies with...

      19. 19. (1) Section 1251 (fees) applies with the following modifications.

      20. 20. In section 1251A (duty of Secretary of State to report...

      21. 21. (1) Section 1252 (delegation of the Secretary of State’s functions)...

      22. 22. In section 1253(5) (delegation of functions to an existing body)—...

      23. 23. (1) Section 1254 (directions to comply with international obligations) applies...

      24. 24. (1) Section 1256 (time limits for prosecution of offences) applies...

      25. 25. (1) Section 1257 (jurisdiction and procedure in respect of offences)...

      26. 26. (1) Section 1261 (minor definitions) applies with the following modifications....

      27. 27. (1) Section 1262 (index of defined expressions) applies with the...

      28. 28. (1) Schedule 10 (recognised supervisory bodies) applies with the following...

      29. 29. In Schedule 13 (supplementary provision with respect to delegation order)—...

   6. SCHEDULE 6

      Codes of audit practice and guidance

      1. 1. Duty to prepare code

      2. 2. Procedure for code

      3. 3. Duty to keep code under review

      4. 4. Alteration of code

      5. 5. Replacement of code

      6. 6. Publication of code

      7. 7. Assistance from relevant authority

      8. 8. Saving for codes of practice under Audit Commission Act 1998

      9. 9. Guidance

      10. 10. Application to auditors of NHS foundation trusts

      11. 11. Meaning of “40-day period”

   7. SCHEDULE 7

      Reports and recommendations

      1. 1. Public interest reports

      2. 2. Written recommendations

      3. 3. Supply of public interest reports

      4. 4. Publicity for public interest reports

      5. 5. Consideration of report or recommendation

      6. 6. Consideration of report or recommendation: Greater London Authority

      7. 7. Bar on delegation of functions relating to meetings

      8. 8. Publicity for meetings

      9. 9. Access to meetings and documents

      10. 10. Publicity for decisions under paragraph 5 or 6

   8. SCHEDULE 8

      Advisory notices

      1. 1. Power to issue advisory notice

      2. 2. Service and withdrawal of notice

      3. 3. Effect of an advisory notice

      4. 4. Further provisions about advisory notices

   9. SCHEDULE 9

      Data matching

      1. 1. Power to conduct data matching exercises

      2. 2. Mandatory provision of data

      3. 3. Voluntary provision of data

      4. 4. Disclosure of results of data matching etc

      5. 5. Publication

      6. 6. Fees for data matching

      7. 7. Code of data matching practice

      8. 8. Powers to amend this Schedule

   10. SCHEDULE 10

       Best value inspections

       1. 1. The Local Government Act 1999 is amended as follows.

       2. 2. For section 10 substitute— Inspections (1) The Secretary of State may appoint a person to...

       3. 3. In section 11(7) (powers and duties: definition of “inspector”), for...

       4. 4. For section 12 substitute— Fees An authority inspected under section 10 must pay the reasonable...

       5. 5. (1) Section 13 (reports) is amended as follows.

       6. 6. In section 15 (Secretary of State’s powers)—

       7. 7. Omit section 22(1) (Audit Commission).

       8. 8. In section 25(2) (coordination of inspections: persons to whom the...

       9. 9. Omit section 26(3) (consultation with Audit Commission before issuing guidance)....

       10. 10. In section 33 (grants to Audit Commission and Wales Audit...

       11. 11. On the coming into force of the repeal (by the...

   11. SCHEDULE 11

       Disclosure of information

       1. 1. Information to which this Schedule applies

       2. 2. General bar on disclosure and exceptions

       3. 3. Further exceptions

       4. 4. Disclosure with consent of local auditor

       5. 5. Offence of wrongful disclosure

       6. 6. Meaning of “enactment”

   12. SCHEDULE 12

       Related amendments

       1. 1. Public Health Act 1875 (c. 55)

       2. 2. Prison Act 1952 (c. 52)

       3. 3. Transport Act 1968 (c. 73)

       4. 4. Local Government Act 1972 (c. 70)

       5. 5. In section 86(1)(b) (disqualifications from being local authority member that...

       6. 6. In section 87(1)(d) (date of vacancy in local authority membership...

       7. 7. In section 137(7A) (requirement for separate account for expenditure under...

       8. 8. Section 246(15) of the Local Government Act 1972 continues to...

       9. 9. House of Commons Disqualification Act 1975 (c. 24)

       10. 10. Local Government, Planning and Land Act 1980 (c. 65)

       11. 11. Building Act 1984 (c. 55)

       12. 12. Further Education Act 1985 (c. 47)

       13. 13. Transport Act 1985 (c. 67)

       14. 14. Housing Associations Act 1985 (c. 69)

       15. 15. Local Government Act 1986 (c. 10)

       16. 16. Airports Act 1986 (c. 31)

       17. 17. (1) Section 22 (other local authority capital controls in England...

       18. 18. In section 24(3)(a) (provision of services by principal council for...

       19. 19. Norfolk and Suffolk Broads Act 1988 (c. 4)

       20. 20. Education Reform Act 1988 (c. 40)

       21. 21. In section 124B, omit subsection (5) (duty of certain higher...

       22. 22. In paragraph 18 of Schedule 7 (higher education corporations)—

       23. 23. Local Government and Housing Act 1989 (c. 42)

       24. 24. (1) Until the coming into force of the repeal of...

       25. 25. Town and Country Planning Act 1990 (c. 8)

       26. 26. Environmental Protection Act 1990 (c. 43)

       27. 27. Social Security Administration Act 1992 (c. 5)

       28. 28. In section 123(8) (unauthorised disclosure of information relating to particular...

       29. 29. Omit section 139BA (interaction with Audit Commission).

       30. 30. Social Security Administration (Northern Ireland) Act 1992 (c. 8)

       31. 31. Police Act 1996 (c. 16)

       32. 32. Noise Act 1996 (c. 37)

       33. 33. In section 12 (protection of members etc of authorities) omit...

       34. 34. In section 14(4) (application of Act to Northern Ireland), in...

       35. 35. Local Government (Contracts) Act 1997 (c. 65)

       36. 36. Local Government Act 1999 (c. 27)

       37. 37. Greater London Authority Act 1999 (c. 29)

       38. 38. In section 7(b) (disqualifications from being an Assembly member that...

       39. 39. In section 9(1)(f) (date of vacancy in Assembly membership in...

       40. 40. In section 14(a) (disqualifications from being Mayor that do not...

       41. 41. In section 21(1)(e) (disqualification from election as Assembly member or...

       42. 42. In section 125(2) (certification of information)— (a) omit “in one...

       43. 43. (1) Section 134 (summary statement of accounts of Authority and...

       44. 44. Crown Prosecution Service Inspectorate Act 2000 (c. 10)

       45. 45. Freedom of Information Act 2000 (c. 36)

       46. 46. Criminal Justice and Court Services Act 2000 (c. 43)

       47. 47. Public Finance and Accountability (Scotland) Act 2000 (ASP 1)

       48. 48. Anti-terrorism, Crime and Security Act 2001 (c. 24)

       49. 49. Local Government Act 2003 (c. 26)

       50. 50. (1) Section 21 (accounting practices) is amended as follows.

       51. 51. In section 22 (meaning of “revenue account” for the purposes...

       52. 52. In section 24 (by which, in the application of Part...

       53. 53. Omit section 99 (categorisation of English local authorities by reference...

       54. 54. (1) Section 100 (exercise of powers by reference to authorities’...

       55. 55. Health and Social Care (Community Health and Standards) Act 2003 (c. 43)

       56. 56. In section 95 (studies as to economy, efficiency etc), omit...

       57. 57. In section 148 (interpretation of Part 2) omit the definition...

       58. 58. Audit and Accountability (Northern Ireland) Order 2003 (SI 2003/418 (NI 5))

       59. 59. Public Audit (Wales) Act 2004 (c. 23)

       60. 60. Omit section 43 (co-operation with Audit Commission).

       61. 61. Omit section 57 (provision of information to Audit Commission).

       62. 62. (1) Section 62 (co-operation) is amended as follows.

       63. 63. (1) Section 64D (disclosure of results of data matching etc)...

       64. 64. Omit sections 69 and 70 (transitional provision: local government bodies...

       65. 65. (1) Schedule 3 (transfer schemes) is amended as follows.

       66. 66. (1) The amendments of Schedule 3 to the Public Audit...

       67. 67. Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27)

       68. 68. Children Act 2004 (c. 31)

       69. 69. Education and Inspections Act 2006 (c. 40)

       70. 70. National Health Service Act 2006 (c. 41)

       71. 71. In Schedule 1A (clinical commissioning groups), in paragraph 17(5), for...

       72. 72. Schedule 7 (constitution of public benefit corporations: auditors) is amended...

       73. 73. (1) Paragraph 23 is amended as follows.

       74. 74. (1) Paragraph 24 is amended as follows.

       75. 75. In Schedule 15 (accounts and audit of certain NHS bodies),...

       76. 76. (1) Until the repeal of Chapter 3 of Part 2...

       77. 77. National Health Service (Wales) Act 2006 (c. 42)

       78. 78. Companies Act 2006 (c. 46)

       79. 79. Serious Crime Act 2007 (c. 27)

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

       81. 81. Omit section 148 (Benefit Fraud Inspectorate: transfers to the Audit...

       82. 82. In section 212(7) (entities controlled by local authorities: definitions)—

       83. 83. (1) Section 214 (further provision about orders under section 212)...

       84. 84. Omit Schedule 10 (Benefit Fraud Inspectorate: transfer schemes).

       85. 85. (1) The repeals of section 148 of and Schedule 10...

       86. 86. Health and Social Care Act 2008 (c. 14)

       87. 87. Omit section 56 (role of Audit Commission in undertaking or...

       88. 88. (1) Schedule 4 (interaction between Care Quality Commission and other...

       89. 89. Housing and Regeneration Act 2008 (c. 17)

       90. 90. Omit section 106A (co-operation between the Regulator of Social Housing...

       91. 91. In section 128(4)(a) (duty of local authority which is registered...

       92. 92. In section 196(1) (duty of Regulator to consult listed bodies...

       93. 93. In section 197(4) (duty of Secretary of State to consult...

       94. 94. In section 201 (arrangements by Regulator for inspections by third...

       95. 95. (1) Section 210A (extraordinary report: local authorities) is amended as...

       96. 96. In section 249(1) (management transfer) after “section 210” insert “or...

       97. 97. Local Democracy, Economic Development and Construction Act 2009 (c. 20)

       98. 98. (1) Section 36 (overview of Chapter) is amended as follows....

       99. 99. In section 37 (notification duties of local authorities) omit subsection...

       100. 100. (1) Section 38 (power to appoint auditor) is amended as...

       101. 101. (1) Section 39 (power to appoint replacement auditor) is amended...

       102. 102. (1) Section 40 (exclusions from power to appoint auditor) is...

       103. 103. In section 41(1) (persons who may be appointed as auditor)—...

       104. 104. (1) Section 42 (terms of appointment of auditor) is amended...

       105. 105. (1) Section 43 (right of entity to appoint auditor to...

       106. 106. In section 44(5)(b) (functions of auditor not appointed to conduct...

       107. 107. In section 45(4)(b) (duty of auditor to send public interest...

       108. 108. In section 46 (codes of practice) omit subsections (1) to...

       109. 109. (1) Section 50 (fees for appointment of auditor) is amended...

       110. 110. (1) Section 51 (power of audit authority to require information)...

       111. 111. Omit section 52 (subsidiaries of Passenger Transport Executives).

       112. 112. (1) Section 53 (regulations) is amended as follows.

       113. 113. In section 54(1) (interpretation) omit the definitions of “audit authority”,...

       114. 114. Equality Act 2010 (c. 15)

       115. 115. Police Reform and Social Responsibility Act 2011 (c. 13)

       116. 116. In section 18(7) (delegation of functions by police and crime...

       117. 117. In section 19(7) (delegation of functions by Mayor’s Office for...

       118. 118. Charities Act 2011 (c. 25)

       119. 119. (1) Section 149 (audit or examination of English NHS charity...

       120. 120. (1) Section 151 (audit of accounts of larger groups) is...

       121. 121. (1) Section 152 (examination of accounts an option for smaller...

       122. 122. In section 154(1) (regulations relating to audits and examinations) after...

       123. 123. Repeals and revocations in consequence of this Schedule

   13. SCHEDULE 13

       NHS trusts and trustees for NHS trusts: transitory and saving provision

       1. 1. Operation of this Schedule

       2. 2. (1) The Secretary of State may by order make further...

       3. 3. “Relevant authorities”, “health service bodies” and “accounts”

       4. 4. In section 3(9), the definition of “health service body” is...

       5. 5. (1) Section 4 is to be read as if after...

       6. 6. Notice of appointment of local auditor

       7. 7. Functions of auditor panel

       8. 8. Failure to appoint local auditor

       9. 9. (1) If an NHS trust fails, or the trustees for...

       10. 10. General duties of auditors

       11. 11. Independence requirement: directors of NHS trusts

       12. 12. Public interest reports and written recommendations

       13. 13. Unlawful expenditure or activity