Audit Commission Act 1998 (repealed)

53 Interpretation. E+W

(1) In this Act—

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

• F1 . . .

• “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);

• [F2 “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;

• [F3 “functional body” means a functional body within the meaning of the Greater London Authority Act 1999 (see section 424(1) of that Act);]

• “the health service” has the same meaning as in the M2 National Health Service Act 1977;

• “health service body” means—

  (a)

  a body specified in section 98(1) of the National Health Service Act 1977, F4 . . .

  (b)

  F4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• F1 . . .

• [F5 “local government body” means a body mentioned in paragraph 1 of Schedule 2, other than one mentioned in paragraph (g) of that paragraph;]

• [F5 “local government body in Wales” has the meaning given in section 12(1) of the Public Audit (Wales) Act 2004;]

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

• [F5 “Welsh NHS body” has the meaning given in section 60 of the Public Audit (Wales) Act 2004;]

(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; F6 . . .

(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 M3 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.

[F7 (5) Any functions conferred or imposed on the Greater London Authority under or by virtue of this Act shall be functions which are exercisable by the Mayor of London acting on behalf of the Authority.

F7 (6) Subsection (5) does not apply in relation to any function expressly conferred on the London Assembly.]

Textual Amendments

F1 Definitions of “alloted sum”and “recognised fund-holding practice”in s. 53(1) repealed (1.10.1999) by 1999 c. 8, s. 65, Sch. 5; S.I. 1999/2540, art. 1(2), Sch. 1

F2 Definiton of “best value authority”inserted (27.9.1999 subject to art. 3(2)(b) of S.I. 1999/2169 and otherwise 1.10.1999) by 1999 c. 27, s. 22(6); S.I. 1999/2169, art. 3(2), Sch. 2; S.I. 1999/2815, art. 2

F3 Definition of “functional body” in s.53(1) inserted (8.5.2000 for specified purposes and otherwise 3.7.2000) by 1999 c. 27, s. 133(2), Sch. 8 para. 12(2) (with Sch. 12 para. 9(1)); S.I. 1999/3434, arts. 3, 4

F4 Para. (b) in definition of “health service body”and word “or” immediately preceding it in s. 53(1) repealed (1.10.1999) by 1999 c. 8, s. 65, Sch. 5; S.I. 1999/2540, art. 1(2), Sch. 1

F5 Words in s. 53(1) inserted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 2 para. 36; S.I. 2005/558, art. 2, Sch. 1 (with Sch. 2 para. 2)

F6 S. 53(3)(b) and word “and”immediately preceding it repealed (1.10.1999) by 1999 c. 8 s. 65, Sch. 5; S.I. 1999/2540, art. 1(2)(a), Sch. 1

F7 S. 53(5)(6) inserted (8.5.2000 for purposes as mentioned in art. 3 of the commencing S.I. and 3.7.2000 otherwise) by 1999 c. 27, s. 133(2), Sch. 8 para. 12(1)(3) (with Sch. 12 para. 9(1)); S.I. 1999/3434, arts. 3, 4

Marginal Citations

M1 1972 c. 70.

M2 1977 c. 49.

M3 1988 c. 4.