Local Government Finance Act 1982

20 Recovery of amount not accounted for etc. E+W

(1) Where it appears to the auditor carrying out the audit of any accounts under this Part of this Act [F1 other than the audit of the accounts of a health service body]—

(a) that any person has failed to bring into account any sum which should have been so included and that the failure has not been sanctioned by the Secretary of State; or

(b) that a loss has been incurred or deficiency caused by the wilful misconduct of any person,

he shall certify that the sum or, as the case may be, the amount of the loss or the deficiency is due from that person and, subject to subsections (3) and (5) below, both he and the body in question (or, in the case of a parish meeting, the chairman of the meeting) may recover that sum or amount for the benefit of that body; and if the auditor certifies under this section that any sum or amount is due from two or more persons, they shall be jointly and severally liable for that sum or amount.

(2) Any person who—

(a) has made an objection under section 17(3)(a) above and is aggrieved by a decision of an auditor not to certify under this section that a sum or amount is due from another person; or

(b) is aggrieved by a decision of an auditor to certify under this section that a sum or amount is due from him,

may not later than six weeks after he has been notified of the decision require the auditor to state in writing the reasons for his decision.

(3) Any such person who is aggrieved by such a decision may appeal against the decision to the court and—

(a) in the case of a decision to certify that any sum or amount is due from any person, the court may confirm, vary or quash the decision and give any certificate which the auditor could have given;

(b) in the case of a decision not to certify that any sum or amount is due from any person, the court may confirm the decision or quash it and give any certificate which the auditor could have given;

and any certificate given under this subsection shall be treated for the purposes of subsection (1) above and the following provisions of this section as if it had been given by the auditor under subsection (1) above.

(4) If a certificate under this section relates to a loss or deficiency caused by the wilful misconduct of a person who is, or was at the time of such misconduct, a member of a local authority and the amount certified to be due from him exceeds £2,000, that person shall be disqualified for being a member of a local authority for the period of five years beginning on the ordinary date on which the period allowed for bringing an appeal against a decision to give the certificate expires or, if such an appeal is brought, the date on which the appeal is finally disposed of or abandoned or fails for non-prosecution.

(5) A sum or other amount certified under this section to be due from any person shall be payable within fourteen days after the date of the issue of the certificate or, if an appeal is brought, within fourteen days after the appeal is finally disposed of or abandoned or fails for non-prosecution.

(6) In any proceedings for the recovery of any sum or amount due from any person under this section a certificate signed by an auditor appointed by the Commission stating that that sum or amount is due from a person specified in the certificate to a body so specified shall be conclusive evidence of that fact; and any certificate purporting to be so signed shall be taken to have been so signed unless the contrary is proved.

(7) On an appeal under this section relating to the accounts of a body, the court may make such order as the court thinks fit for the payment by that body of expenses incurred in connection with the appeal by the auditor or the person to whom the appeal relates or by whom the appeal is brought, as the case may be.

(8) Any expenses incurred by an auditor in recovering a sum or other amount certified under this section to be due in connection with the accounts of a body shall, so far as not recovered from any other source, be recoverable from that body unless the court otherwise directs.

(9) [F2 The High Court and the county courts shall have jurisdiction for the purposes of this section.].

(10) In this section “local authority” includes . . . F3 the Common Council and the Council of the Isles of Scilly [F4 and a police authority established under [F5 section 3 of the M1 Police Act 1996][F6 and the Service Authority for the National Crime Squad].]

Textual Amendments

F1 Words inserted by National Health Service and Community Care Act 1990 (c. 19, SIF 113:2), s. 20(1), Sch. 4 para. 10

F2 S. 20(9) substituted by S.I. 1991/724, art. 2(8), Sch. Pt. I

F3 Words inserted by S.I. 1986/2293, art. 2 and repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

F4 Words in s. 20(10) inserted (1.10.1994 for certain purposes and otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 para. 27; S.I. 1994/2025, art. 6(1)(2)(g), 1994/3263, art. 4, Sch.

F5 Words in s. 20(10) substituted (22.8.1996) by 1996 c. 16, s. 103, Sch. 7 Pt. I para.1(2)(s)

F6 Words added (1.4.1998) by 1997 c. 50, s. 88, Sch. 6 para. 21; S.I. 1998/354, art. 2(2)(au)

Modifications etc. (not altering text)

C1 S. 20 excluded (5.7.1994) by 1994 c. 19, ss. 39, 66(2)(a), Sch. 13 para. 16(2) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2))

C2 Ss. 19, 20, 22, 23 and 24 excluded by Local Government Act 1985 (c. 51, SIF 81:1), s. 79(2)(8)

C3 S. 20 restricted (1.4.1995) by S.I. 1995/401, art. 12(2)

C4 S. 20 extended (19.9.1995) by 1995 c. 25, s. 63(5), Sch. 7 para. 19(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)

C5 S. 20 extended by S.I. 1991/724, art. 2(1)(k)

S. 20 restricted by S.I. 1991/724, art. 6

Marginal Citations

M1 1964 c. 48