Audit Commission Act 1998 (repealed)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 [F2 which are bodies subject to audit] and the provision of services provided by other bodies subject to audit] [F3 and by local government bodies in Wales]; and

(b) for improving the financial or other management of bodies subject to audit [F4 and local government bodies in Wales].

F5 (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(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 [F6 and 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) F7 Before undertaking or promoting any study under this section ... the Commission shall—

[F8 (za) consult the Secretary of State;]

(a) consult such associations of [F9 best 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; F10 ...

(c) in the case of any health service bodies, also consult [F11 the Care Quality Commission] and the Comptroller and Auditor General.

[F12 (ca) in the case of a study relating to a local government body in Wales, also consult [F13 the Welsh Ministers and] the Auditor General for Wales and take into account any relevant work done or being done by the Auditor General for Wales.]

[F14 (cb) in the case of a study which has a connection with anything which may be inspected under Chapter 4 of Part 8 of the Education and Inspections Act 2006, also consult Her Majesty's Chief Inspector of Education, Children's Services and Skills;]

[F15 (d) in the case of a study which has a connection with adult social services (within the meaning of Part 1 of the Health and Social Care Act 2008), also consult the Care Quality Commission; and]

(e) in the case of a study which has a connection with Welsh local authority social services (within the meaning of [F16 Part 2 of the Health and Social Care (Community Health and Standards) Act 2003]), also consult the National Assembly for Wales [F17 ; and

(f) in the case of any other study relating to a body in respect of which the Welsh Ministers may exercise functions, consult the Welsh Ministers.]

[F18 (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.]

[F19 (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 [F20 the National Health Service Act 2006]) 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(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

F3 Words 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

F4 Words 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

F5 S. 33(2) repealed (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 18 Pt. 11; S.I. 2008/172, art. 2(1)(u)(i)

F6 Words 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

F7 Words in s. 33(6) repealed (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 18 Pt. 11; S.I. 2008/172, art. 2(1)(u)(i)

F8 S. 33(6)(za) inserted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 153(2)(a), 245(5); S.I. 2008/172, art. 2(1)(c)

F9 Words 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

F10 Word 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

F11 Words in s. 33(6)(c) substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 66(2); S.I. 2009/462, art. 2(1), Sch. 1 para. 35(x)

F12 S. 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

F13 Words in s. 33(6)(ca) inserted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 153(2)(c), 245(5); S.I. 2008/172, art. 2(1)(c)

F14 S. 33(6)(cb) inserted (1.4.2007) by Education and Inspections Act 2006 (c. 40), s. 188(3), Sch. 14 para. 27; S.I. 2007/935, art. 5(gg)

F15 S. 33(6)(d) substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 66(3); S.I. 2009/462, art. 2(1), Sch. 1 para. 35(x)

F16 Words in s. 33(6)(e) substituted (1.4.2009) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 5 para. 66(4); S.I. 2009/462, art. 2(1), Sch. 1 para. 35(x)

F17 S. 33(6)(f) and word inserted (31.1.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 153(2)(d), 245(5); S.I. 2008/172, art. 2(1)(c)

F18 S. 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

F19 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

F20 Words 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)

C1 S. 33 modified (temp.) (1.10.2008) by The Health and Social Care Act 2008 (Consequential Amendments and Transitory Provisions) Order 2008 (S.I. 2008/2250), arts. 1(1), 3(5)

C2 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)