Part 8Local services: inspection and audit

Chapter 2Audit Commission and auditors: functions and procedure

Inspections and audit

151Powers of auditors and inspectors to obtain information

(1)

In section 6 of the Audit Commission Act 1998 (c. 18) (auditors' right to documents and information)—

(a)

after subsection (1) insert—

“(1A)

The right conferred by subsection (1) includes power to inspect, copy or take away the document.”;

(b)

after subsection (4) insert—

“(4A)

In relation to a document kept in electronic form, the power in subsection (2)(b) to require a person to produce a document includes power to require it to be produced in a form in which it is legible and can be taken away.

(4B)

In connection with inspecting such a document, an auditor—

(a)

may obtain access to, and inspect and check the operation of, any computer and associated apparatus or material which he considers is or has been used in connection with the document;

(b)

may require a person within subsection (4C) to afford him such reasonable assistance as he may require for that purpose.

(4C)

A person is within this subsection if he is—

(a)

the person by whom or on whose behalf the computer is or has been used; or

(b)

a person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material.”;

(c)

in subsection (5), for “(4)” substitute “ (4C) ”;

(d)

in subsection (6)—

(i)

after “reasonable excuse” insert “ obstructs the exercise of any power conferred by this section or ”;

(ii)

for “subsection (1), (2) or (4)” substitute “ this section ”.

(2)

In section 11 of the Local Government Act 1999 (c. 27) (inspectors' powers and duties in connection with best value inspections)—

(a)

after subsection (1) insert—

“(1A)

The right conferred by subsection (1)(b) includes power to inspect, copy or take away the document.”;

(b)

after subsection (2) insert—

“(2A)

In relation to a document kept in electronic form, the power in subsection (2)(b) to require a person to produce a document includes power to require it to be produced in a form in which it is legible and can be taken away.

(2B)

In connection with inspecting such a document, an inspector—

(a)

may obtain access to, and inspect and check the operation of, any computer and associated apparatus or material which he considers is or has been used in connection with the document;

(b)

may require a person within subsection (2C) to afford him such reasonable assistance as he may require for that purpose.

(2C)

A person is within this subsection if he is—

(a)

the person by whom or on whose behalf the computer is or has been used; or

(b)

a person having charge of, or otherwise concerned with the operation of, the computer, apparatus or material.”;

(c)

in subsection (5), after “reasonable excuse” insert “ obstructs the exercise of any power conferred by this section or ”.