Health and Social Care Act 2008

Valid from 01/04/2009

56 Role of Audit Commission E+W

(1) Subsection (2) applies to any function of the Commission under section 54 or 55 so far as relating to health care or English NHS bodies, except the function of being consulted under section 55(2).

(2) A function to which this subsection applies may be exercised on the Commission's behalf by the Audit Commission, if the Audit Commission and the Commission so agree.

(3) Where the Audit Commission exercises functions under subsection (2), it must do so on such terms, including terms as to payment, as the Commission and the Audit Commission may agree.

(4) The Commission and the Audit Commission may exercise jointly their respective functions under—

(a) section 54 (and section 60 in its application to functions under that section) so far as relating to English local authorities, and

(b) sections 33 and 34 of the Audit Commission Act 1998 (c. 18).

(5) The Commission and the Audit Commission must have regard to any guidance issued by the Secretary of State as to which of the Commission and the Audit Commission should promote or undertake studies which could be promoted or undertaken by either of them.

(6) Subsection (4) is not to be taken to prejudice any other power of the Commission and the Audit Commission to act jointly.

(7) In this section “the Audit Commission” means the Audit Commission for Local Authorities and the National Health Service in England.