The Local Government (Structural Changes) (Transitional Arrangements) (No.2) Regulations 2008

Reports of statutory audits, inspections and investigations

28.—(1) A predecessor council which receives from an auditor, inspector or investigator, in the performance of duties under any enactment, a report (whether in draft or final form), shall immediately copy it—

(a) where its related preparing council has an Implementation Executive, to the proper officer of the Implementation Executive;

(b) in any other case, to the proper officer of its related preparing or shadow council (as the case may be).

(2) In paragraph (1)—

“proper officer” means the officer appointed for the purpose by the council or the Implementation Executive (as the case may be); and

“report” includes the results of an inspection or investigation.

(3) A predecessor council which is minded to vary, in a material respect, any of its policies, procedures or structures—

(a) for the purpose of giving effect to a recommendation made in a report referred to in paragraph (1); or

(b) in consequence of the council’s consideration of such a report,

shall not pass a resolution to vary the policy, procedure or structure in that respect at any time in the period specified in paragraph (4) unless it has complied with the requirements of paragraph (5).

(4) The period referred to in paragraph (3) begins on the date on which these Regulations come into force and ends on the reorganisation date.

(5) The requirements of this paragraph are that the predecessor council—

(a) has consulted its related preparing council or its related shadow council (as the case may be) (“the consultee”) about the proposed variation;

(b) has allowed the consultee a reasonable time within which to respond; and

(c) has taken into account any comments received from the consultee within the period allowed for responding.

(6) For the purposes of paragraphs (1), (3) and (5)—

(a) a preparing council is related to a predecessor council if it is the successor council to the predecessor council; and

(b) a shadow council is related to a predecessor council if it is the successor council to the predecessor council.