Audit (Miscellaneous Provisions) Act 1996

1996 CHAPTER 10

An Act to extend the functions of the Audit Commission for Local Authorities and the National Health Service in England and Wales; to alter the financial year of that Commission and of the Accounts Commission for Scotland; to make provision about the manner of publication of certain information required to be published in pursuance of a direction of either Commission; and to repeal paragraph 5(4) of Schedule 3 to the Local Government Finance Act 1982.

[29th April 1996]

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Commencement Information

I1 Act partly in force at Royal Assent and wholly in force at 29.6.1996 see s. 1(2)

Audit Commission: extension of functions, etc. E+W

F1 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F1 S. 1 repealed (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5

F2 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F2 S. 2 repealed (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5

Financial years of the Commissions E+W+S

F3 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F3 S. 3 repealed (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5

4 Financial year of Accounts Commission for Scotland. E+W+S

(1) In section 98 of the M1 Local Government (Scotland) Act 1973 (expenses and accounts of Accounts Commission for Scotland)—

(a) in subsection (5), for the words “30th November” substitute “ 31st March ”; and

(b) after subsection (6) add—

“(7) In this section, “financial year” means the period of twelve months ending with 31st October in any year.”.

(2) In section 235(1) of the 1973 Act (interpretation), in the definition of “financial year”, after the word “has” insert “ , except in section 98, ”.

(3) Subsections (1) and (2)—

(a) shall first have effect in relation to—

(i) such year; or

(ii) such greater or lesser period than a year,

ending, in either case, with 31st October, as the Secretary of State may by order made by statutory instrument specify; and

(b) shall thereafter have effect in relation to years so ending,

and as respects any period specified under paragraph (a)(ii) the subsection added by subsection (1)(b) shall be construed as if referring to that period and not to a period of twelve months.

Marginal Citations

M1 1973 c. 65.

Miscellaneous and supplementary E+W+S

F4 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Extent Information

E1 This version of this provision has been created for England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F4 S. 5 repealed (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5

5 Publication at direction of either Commission. S

(1) In section 1 of the M2 Local Government Act 1992 (direction of Audit Commission or Accounts Commission for Scotland requiring certain bodies to publish information about performance) in subsection (2)(b) (method of publication) for the words “in a newspaper circulating in the area of that body” substitute “ and by one of the methods permitted by section 1A below ”.

(2) After section 1 of that Act insert—

“1A Permitted methods of publishing information.

(1) The permitted methods of publication referred to in section 1(2)(b) above are as follows.

(2) The relevant body may publish the information in a newspaper printed for sale and circulating in their area.

(3) If the relevant body ensure that the distribution condition is satisfied with respect to the information, they may publish the information in a newspaper or periodical publication which is produced and distributed by another person (other than a local authority company) and which is free of charge to the recipient.

(4) For the purposes of subsection (3) above, a relevant body ensure that the distribution condition is satisfied with respect to information if—

(a) they take all reasonable steps to secure that a copy of a publication containing the information is distributed to each dwelling in their area; and

(b) in a case where they consider that the information is of concern to persons carrying on business in their area, they take such steps as they consider reasonable and practicable to secure that a copy of a publication containing the information is distributed to business premises in their area.

(5) For the purposes of subsection (3) above a local authority company is any company under the control of a local authority; and section 68(1) of the Local Government and Housing Act 1989 (company under control of local authority) shall have effect for the purposes of this subsection as it has effect for the purposes of Part V of that Act.”

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Marginal Citations

M2 1992 c. 19.

F5 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E+W

Textual Amendments

F5 S. 6 repealed (11.9.1998) by 1998 c. 18, ss. 54(3), 55(2), Sch. 5

7 Short title and extent. E+W+S

(1) This Act may be cited as the Audit (Miscellaneous Provisions) Act 1996.

(2) This Act, apart from this section and sections 4 and 5, does not extend to Scotland.

(3) This Act does not extend to Northern Ireland.