The Contracting Out (Functions of Local Authorities: Income-Related Benefits) Order 2002

Checking requirement attaching to the exercise of functions

4.—(1) Subject to paragraph (5) an authorisation given under this Order in relation to any function involving decisions on claims shall include the checking requirement specified in paragraph (2), and the authorisation shall be subject to the inclusion of that requirement.

(2) The checking requirement shall require the authorised person to—

(a) provide a random sample of decisions on claims made on a day, of not less than 10 per cent. of those decisions, to the local authority for checking within two working days of that day;

(b) take all reasonable steps to prevent errors identified by the local authority from recurring.

(3) When providing a random sample for the purposes of paragraph (2)(a) above, the authorised person shall use such method of random selection as may be specified by the local authority in the authorisation or, where no such method has been specified, the authorised person shall notify the local authority of the method of random selection that has been used.

(4) When taking reasonable steps to prevent identified errors from recurring for the purposes of paragraph (2)(b) above, the authorised person shall take such steps to prevent that error from recurring as may be required by the local authority.

(5) An authorised person shall be subject to the checking requirement only if he employs at least one other person to carry out the work in relation to the exercise of any function involving decisions on claims.

(6) For the purposes of this article “working day” means any day other than a Saturday, a Sunday, Christmas Day, Good Friday or a day which is a bank holiday under the Banking and Financial Dealings Act 1971(1) in any part of the United Kingdom.

(1)

1971 c. 80.