Audit Commission Act 1998 (repealed) (c. 18)

Part IV E+W General

Supplementary E+W

52 Orders and regulations. E+W

(1) Any power conferred on the Secretary of State by this Act to make orders or regulations is exercisable by statutory instrument.

(2) No order shall be made under paragraph 9(2) of Schedule 1 unless a draft of the order has been approved by a resolution of the House of Commons.

(3) In any other case, an order or regulations contained in a statutory instrument made by the Secretary of State under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

53 Interpretation. E+W

(1) In this Act—

• “the 1972 Act” means the M1 Local Government Act 1972;

• “allotted sum” has the same meaning as in section 15 of the M2 National Health Service and Community Care Act 1990;

• “auditor”, in relation to the accounts of any body, means (except in section 31(1)) the person or any of the persons appointed by the Commission to act as auditor in relation to those accounts and, to the extent provided by section 3(11), includes a person assisting an auditor under arrangements approved under section 3(9);

• [F1 “best value authority” means a best value authority for the purposes of Part I of the Local Government Act 1999;]

• “body subject to audit” means a body whose accounts are required to be audited in accordance with this Act;

• “the Commission” means the Audit Commission for Local Authorities and the National Health Service in England and Wales;

• “the health service” has the same meaning as in the M3 National Health Service Act 1977;

• “health service body” means—

  (a)

  a body specified in section 98(1) of the National Health Service Act 1977, or

  (b)

  the members of a recognised fund-holding practice;

• “recognised fund-holding practice” is to be read in accordance with section 14 of the National Health Service and Community Care Act 1990;

• “statutory provision” means any provision contained in or having effect under any enactment.

(2) Subject to paragraph 11(5) of Schedule 1, section 270 of the 1972 Act (general interpretation) applies for the interpretation of this Act.

(3) A reference in this Act to the accounts of a body—

(a) in relation to the Common Council is a reference to the accounts mentioned in paragraph 2(a) and (b) of Schedule 2; and

(b) in relation to the members of a recognised fund-holding practice is, subject to paragraph 3(2) of that Schedule and section 6(3), a reference to such of their accounts as relate to allotted sums paid to the members.

(4) A reference in this Act to a local government elector for any area—

(a) in relation to the Broads Authority, is a reference to a local government elector for the area of any participating authority (as defined by section 25 of the M4 Norfolk and Suffolk Broads Act 1988); and

(b) in relation to a National Park authority which is the local planning authority for a National Park, is a reference to a local government elector for any area the whole or any part of which is comprised in that Park.

Textual Amendments

F1 Definition of “best value authority”inserted (27.9.1999 subject to art. 3(2)(b) of S.I. 1999/2169 and otherwiseprosp.) by 1999 c. 27, s. 22(6); S.I. 1999/2169, art. 3(2), Sch. 2

Marginal Citations

M1 1972 c. 70.

M2 1990 c. 19.

M3 1977 c. 49.

M4 1988 c. 4.

54 Consequential amendments, transitionals and repeals. E+W

(1) Schedule 3 (consequential amendments) has effect.

(2) Schedule 4 (transitional provisions, savings etc.) has effect.

(3) The enactments mentioned in Schedule 5 are repealed or revoked to the extent specified in the third column of that Schedule.

55 Short title, commencement and extent. E+W

(1) This Act may be cited as the Audit Commission Act 1998.

(2) This Act comes into force at the end of the period of three months beginning with the day on which it is passed.

(3) This Act extends to England and Wales only.