Audit Commission Act 1998 (repealed)

33 Studies for improving economy etc. in services. E+W

(1) The Commission shall undertake or promote comparative and other studies designed to enable it to make recommendations—

(a) for improving economy, efficiency and effectiveness in [F1 the exercise of the functions of best value authorities and the provision of services provided by other bodies subject to audit]; and

(b) for improving the financial or other management of bodies subject to audit.

(2) The studies which the Commission is required to undertake or promote under subsection (1) include, in particular—

(a) studies designed to enable the Commission to determine what directions it should give under section 44; and

(b) studies of information published in pursuance of directions under that section which are designed to enable the Commission to determine, in relation to each financial year, what comparative information to publish itself about the standards of performance achieved by bodies which are relevant bodies for the purposes of that section.

(3) In undertaking or promoting studies under subsection (1) relating to a health service body (services of which are excluded from studies under section 34) the Commission may take into account the implementation by the body of—

(a) any particular statutory provision or provisions, and

(b) any directions or guidance given by the Secretary of State (whether pursuant to any such provision or otherwise);

but this subsection does not entitle the Commission to question the merits of the policy objectives of the Secretary of State.

(4) The Commission may undertake or promote other studies relating to the provision by bodies subject to audit of their services besides the studies referred to in subsection (1) and section 34.

(5) The Commission shall publish or otherwise make available its recommendations and the result of any studies under this section and, in the case of studies relating to a health service body, shall, on request, provide the Comptroller and Auditor General with all material relevant to the studies.

(6) Before undertaking or promoting any study under this section, other than a study within paragraph (a) or (b) of subsection (2), the Commission shall—

(a) consult such associations of [F2 best value authorities] or other bodies subject to audit as appear to it to be concerned;

(b) consult such associations of employees as appear to it to be appropriate; and

(c) in the case of any health service bodies, also consult the Secretary of State [F3 , the [F4 Commission for Healthcare Audit and Inspection]] and the Comptroller and Auditor General.

[F5 (d) in the case of a study which has a connection with English local authority social services (within the meaning of Part 2 of the Health and Social Care (Community Health and Standards) Act 2003), also consult the Commission for Social Care Inspection; and

(e) in the case of a study which has a connection with Welsh local authority social services (within the meaning of that Part of that Act), also consult the National Assembly for Wales;]

[F6 (7) The following provisions of this section do not apply in relation to the bodies specified in subsection (8)—

(a) subsection (1)(a);

(b) subsection (1)(b), so far as relating to management other than financial management;

(c) subsection (4).

(8) Those bodies are—

(a) any Primary Care Trust;

(b) any Strategic Health Authority;

(c) any NHS trust (within the meaning of the National Health Service Act 1977) all or most of whose hospitals, establishments and facilities are situated in England.]

Textual Amendments

F1 Words in s. 33(1)(a) substituted (27.9.1999 subject to art. 3(2)(b) of S.I. and otherwise 1.10.1999) by 1999 c. 27, s. 22(4)(a); S.I. 1999/2169, art. 3(2), Sch. 2; S.I. 1999/2815, art. 2

F2 Words in s. 33(6)(a) substituted (27.9.1999 subject to art. 3(2)(b) of S.I. 1999/2619 and otherwise 1.10.1999) by 1999 c. 27, s. 22(4)(b); S.I. 1999/2619, art. 3(2), Sch. 2; S.I. 1999/2815, art. 2

F3 Words in s. 33(6)(c) inserted (11.7.2003) by National Health Service Reform and Health Care Professions Act 2002 (c. 17), ss. 12(5), 42(3); S.I. 2003/1580, art. 2(2)(a)

F4 Words in s. 33(6)(c) substituted (11.11.2004) by The Health and Social Care (Community Health and Standards) Act 2003 (Commission for Healthcare Audit and Inspection and Commission for Social Care Inspection) (Consequential Provisions) Order 2004 (S.I. 2004/2987), arts. 1(1), 2(1)(a)

F5 S. 33(6)(d)(e) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 9 para. 12(5); S.I. 2004/759, art. 9

F6 S. 33(7)(8) inserted (1.4.2004) by Health and Social Care (Community Health and Standards) Act 2003 (c. 43), s. 199(1)(4), Sch. 9 para. 12(6); S.I. 2004/759, art. 9

Modifications etc. (not altering text)

C1 S. 33(1) modified (4.1.2000 (E.) and 1.4.2000 (W.)) by 1999 c. 8, s. 21(2); S.I. 1999/2793, art. 2(2); S.I. 2000/1041, art. 2(b)