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Audit Commission Act 1998 (repealed), Section 33 is up to date with all changes known to be in force on or before 07 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(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 [F1the exercise of the functions of best value authorities [F2which are bodies subject to audit] and the provision of services provided by other bodies subject to audit] [F3and by local government bodies in Wales]; and
(b)for improving the financial or other management of bodies subject to audit [F4and local government bodies in Wales].
(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 [F5and by local government bodies in Wales] 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 [F6best value authorities which are bodies subject to audit, other bodies subject to audit and local government bodies in Wales] as appear to it to be concerned;
(b)consult such associations of employees as appear to it to be appropriate; F7...
(c)in the case of any health service bodies, also consult the Secretary of State [F8, the [F9Commission for Healthcare Audit and Inspection]] and the Comptroller and Auditor General.
[F10(ca)in the case of a study relating to a local government body in Wales, also consult the Auditor General for Wales and take into account any relevant work done or being done by the Auditor General for Wales.]
[F11(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;]
[F12(6A)The Commission may undertake or promote studies under this section relating to a local government body in Wales only if the Commission considers it necessary or desirable to do so for the purposes of any of these—
(a)a study into the exercise throughout England and Wales of particular functions of all local government bodies or a description of local government body;
(b)a study into the provision throughout England and Wales of particular services provided by all local government bodies or a description of local government body;
(c)a study into the financial or other management throughout England and Wales of all local government bodies or a description of local government body.]
[F13(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 [F14the National Health Service Act 2006]) all or most of whose hospitals, establishments and facilities are situated in England.]
Textual Amendments
F1Words 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
F2Words in s. 33(1)(a) inserted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), para. 23(2)(a), s. 73, Sch. 2 para. 23(1); S.I. 2005/558, art. 2, Sch. 1
F3Words in s. 33(1)(a) inserted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), para. 23(2)(b), s. 73, Sch. 2 para. 23(1); S.I. 2005/558, art. 2, Sch. 1
F4Words in s. 33(1)(b) inserted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 2 para. 23(1)(3); S.I. 2005/558, art. 2, Sch. 1
F5Words in s. 33(4) inserted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 2 para. 23(1)(4); S.I. 2005/558, art. 2, Sch. 1
F6Words in s. 33(6)(a) substituted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 2 para. 23(1)(5); S.I. 2005/558, art. 2, Sch. 1
F7Word in s. 33(6) repealed (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 2 para. 23(1)(6), Sch. 4; S.I. 2005/558, art. 2, Sch. 1
F8Words 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)
F9Words 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)
F10S. 33(6)(ca) inserted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 2 para. 23(6); S.I. 2005/558, art. 2, Sch. 1
F11S. 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
F12S. 33(6A) inserted (1.4.2005) by Public Audit (Wales) Act 2004 (c. 23), s. 73, Sch. 2 para. 23(1)(7); S.I. 2005/558, art. 2, Sch. 1
F13S. 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
F14Words in s. 33(8)(c) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 187 (with Sch. 3 Pt. 1)
Modifications etc. (not altering text)
C1S. 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)
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