Audit Commission Act 1998
Part I The Audit Commission
1 The Audit Commission.
Part II Accounts and Audit of Public Bodies
Audit of accounts
2 Required audit of accounts.
3 Appointment of auditors.
4 Code of audit practice.
5 General duties of auditors.
6 Auditors’ right to documents and information.
7 Fees for audit.
Auditors’ reports and recommendations
8 Immediate and other reports in public interest.
9 General report.
10 Transmission and consideration of section 8 reports.
11 Consideration of reports or recommendations.
11A Greater London Authority: consideration of reports and recommendations.
12 Publicity for meetings under section 11.
13 Additional publicity for immediate reports.
13AAdditional publicity for non-immediate reports
Public inspection etc. and action by the auditor
14 Inspection of statements of accounts and auditors’ reports.
15 Inspection of documents and questions at audit.
16 Right to make objections at audit.
17 Declaration that item of account is unlawful.
18Recovery of amount not accounted for etc.
Prevention of unlawful expenditure etc.
19 Health service bodies: referral to Secretary of State.
19A Other bodies: advisory notices.
19BEffect of an advisory notice.
20Other bodies: prohibition orders.
21Restriction on power to issue prohibition orders.
22Effect of and appeals against prohibition orders.
23Loss etc. caused by prohibition orders.
24 Power of auditor to apply for judicial review.
Miscellaneous
25 Extraordinary audit.
26 Audit of accounts of officers.
27 Accounts and audit regulations.
28 Certification of claims, returns etc.
29 Agreed audit of accounts.
30 Passenger Transport Executives.
31 Companies related to Passenger Transport Executives.
32 Documents relating to police authorities etc.
Part 2AData matching
32APower to conduct data matching exercises
32BMandatory provision of data
32CVoluntary provision of data
32DDisclosure of results of data matching etc
32EPublication
32FFees for data matching
32GCode of data matching practice
32HPowers of Secretary of State
Part III Studies, Performance Standards and Other Functions
Studies and related functions
33 Studies for improving economy etc. in services.
34 Reports on impact of statutory provisions etc.
35 Studies at request of bodies subject to audit.
35A Studies for functional bodies at request of Greater London Authority.
36 Studies at request of educational bodies.
37 Assistance to other bodies and persons
38 Benefit administration studies for Secretary of State.
39 Social security references and reports to Secretary of State.
40 Studies relating to registered social landlords.
41 Provisions supplementary to section 40.
41AInspections of registered social landlords
41BFees for inspections under section 41A
41CAdvice and assistance for registered social landlords
42 Consultancy services relating to audit of accounts of registered social landlords.
43 Meaning of “registered social landlord”
Performance standards of local authorities etc.
44 Publication of information as to standards of performance.
45 Permitted methods of publishing information under section 44.
46 Directions under section 44.
47 Application to parish councils and charter trustees.
Reports on performance
“47AReports relating to performance of English local authorities
Part IV General
Interaction with other authorities
47BInteraction with other authorities
Information etc.
48 Provision of information and documents to Commission.
49 Restriction on disclosure of information.
49ZAConsent under section 49(2C)
49ADisclosure of information by or on behalf of public authorities
50 Supply of benefit information to Commission.
51 Publication of information by the Commission.
51ACo-operation with the Auditor General for Wales
51BProvision of information to Auditor General for Wales
Supplementary
52 Orders and regulations.
53 Interpretation.
54 Consequential amendments, transitionals and repeals.
55 Short title, commencement and extent.
SCHEDULES
SCHEDULE 1 The Audit Commission
Status
1The Commission shall be a body corporate.
2The Commission shall not be regarded as acting on behalf...
Functions of Secretary of State in relation to Commission
3(1) The Secretary of State may give the Commission directions...
Tenure of office of members
4(1) Subject to sub-paragraphs (2) to (5), every member of...
Remuneration etc. of members
5(1) The Commission shall pay to each member such remuneration...
House of Commons disqualification
6In Part III of Schedule 1 to the House of...
Staff
7(1) The Commission shall appoint a chief officer who shall...
Financial provisions
8(1) Subject to sub-paragraph (2), it shall be the duty...
8AThe Secretary of State , may make grants to the...
9(1) The Commission may borrow— (a) from the Secretary of...
10(1) The Treasury may guarantee, in such manner and on...
11(1) The Commission shall keep proper accounts and other records...
Delegation
11AThe Commission may delegate any of its functions to—
Proceedings
12(1) The Commission shall regulate its own proceedings.
13(1) The application of the seal of the Commission shall...
Annual report
14(1) The Commission shall publish an annual report on the...
SCHEDULE 2 Accounts Subject to Audit
1Section 2 applies to all accounts of—
1ASection 2 also applies to annual accounts of health service...
1BSection 2 does not apply to the accounts of a...
1CSection 2 does not apply to the accounts of a...
2Section 2 also applies to— (a) the accounts of the...
3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
4Subject to section 30, section 2 also applies to the...
SCHEDULE 2AInteraction with other authorities
Part 1Interpretation
Inspection authorities
1(1) In this Schedule (subject to sub-paragraph (2)), “ inspection...
Public authorities
2(1) In this Schedule “public authority”— (a) includes any person...
Inspections and functions
3In this Schedule— “ Audit Commission inspection ” means an...
Part 2Exercise of functions
Inspection programmes and inspection frameworks
4(1) The Commission must from time to time, or at...
Inspections by other inspectors of organisations within the Commission's remit
5(1) If— (a) a specified inspector is proposing to carry...
Co-operation
6The Commission must co-operate with— (a) the inspection authorities,
Joint action
7The Commission may act jointly with— (a) an inspection authority,...
Delegation of functions
8(1) The Commission may delegate any of its relevant functions...
Advice or assistance for other public authorities
9(1) The Commission may, if it thinks it appropriate to...
Inspections carried out under arrangements
10(1) The Commission may make arrangements with an inspection authority...
SCHEDULE 3 Consequential Amendments
The Public Health Act 1875 (c. 55)
1In section 265 of the Public Health Act 1875 (protection...
The Transport Act 1968 (c. 73)
2In section 14 of the Transport Act 1968 (accounts of...
The Local Government Act 1972 (c. 70)
3(1) In section 80(1)(e) of the Local Government Act 1972...
The House of Commons Disqualification Act 1975 (c. 24)
4In Schedule 1 to the House of Commons Disqualification Act...
The Local Government, Planning and Land Act 1980 (c. 65)
5(1) In section 2(7) of the Local Government, Planning and...
The Local Government Finance Act 1982 (c. 32)
6In section 9 of the Local Government Finance Act 1982...
The Public Health (Control of Disease) Act 1984 (c. 22)
7In section 69 of the Public Health (Control of Disease)...
The Local Government (Interim Provisions) Act 1984 (c. 53)
8(1) In section 10(2) of the Local Government (Interim Provisions)...
The Building Act 1984 (c. 55)
9In section 115 of the Building Act 1984 (protection of...
The Further Education Act 1985 (c. 47)
10In section 3 of the Further Education Act 1985 (financial...
The Local Government Act 1985 (c. 51)
11(1) The Local Government Act 1985 is amended as follows....
The Local Government Act 1986 (c. 10)
12In section 5 of the Local Government Act 1986 (separate...
The Airports Act 1986 (c. 31)
13In section 24(3)(a) of the Airports Act 1986 (separate accounts...
The Norfolk and Suffolk Broads Act 1988 (c. 4)
14In section 17 of the Norfolk and Suffolk Broads Act...
Local Government Act 1988 (c. 9)
15In section 16 of the Local Government Act 1988 (supplementary),...
The Education Reform Act 1988 (c. 40)
16(1) Section 182 of the Education Reform Act 1988 is...
17In section 191 of that Act (penalties for contravention of...
The Local Government and Housing Act 1989 (c.42)
18(1) In section 11 of the Local Government and Housing...
The Town and Country Planning Act 1990 (c. 8)
19In section 2 of the Town and Country Planning Act...
The National Health Service and Community Care Act 1990 (c. 19)
20In paragraph 7(2) of Schedule 2 to the National Health...
The Environmental Protection Act 1990 (c. 43)
21In Schedule 3 to the Environmental Protection Act 1990, in...
The London Local Authorities Act 1991 (c. xiii)
22In section 23 of the London Local Authorities Act 1991...
The Social Security Administration Act 1992 (c. 5)
23(1) Section 139D of the Social Security Administration Act 1992...
The Local Government Act 1992 (c. 19)
24(1) In section 16 of the Local Government Act 1992...
The Education Act 1993 (c. 35)
25. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Noise and Statutory Nuisance Act 1993 (c. 40)
26In Schedule 3 to the Noise and Statutory Nuisance Act...
The Local Government (Wales) Act 1994 (c. 19)
27(1) Paragraph 16 of Schedule 13 to the Local Government...
28(1) Paragraph 12 of Schedule 17 to that Act (closure...
The Environment Act 1995 (c. 25)
29In Part I of Schedule 5 to the Environment Act...
The London Local Authorities Act 1995 (c. x)
30In Part I of the Schedule to the London Local...
The Noise Act 1996 (c. 37)
31In section 12 of the Noise Act 1996 (protection from...
The Education Act 1996 (c. 56)
32. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Police Act 1997 (c. 50)
33In Schedule 4 to the Police Act 1997 (enactments dealing...
The Local Government (Contracts) Act 1997 (c. 65)
34(1) Section 8 of the Local Government (Contracts) Act 1997...
SCHEDULE 4 Transitional Provisions, Savings etc.
General
1The substitution of this Act for the provisions repealed by...
2Anything done (including subordinate legislation made) under or otherwise by...
3Any reference, express or implied, in this Act, another enactment...
4(1) Any reference, express or implied, in any enactment, instrument...
5Any reference to an enactment repealed by this Act which...
6Paragraphs 1 to 5 are in place of section 17(2)...
References to district audit etc.
7References in any statutory provision or document to district audit,...
Change of name of the Commission
8References in any enactment or subordinate legislation to the Audit...
Continuity of employment: district audit and health service
9(1) Sub-paragraph (2) applies where a person employed in the...
Financial years of the Commission
10In relation to the period beginning on 1st April 1997...
SCHEDULE 5 Repeals and revocation
TABLE OF DERIVATIONS
1Notes:
2The following abbreviations are used in the Table: 1982 =...
3The Table does not separately acknowledge the provisions in the...

Audit Commission Act 1998

1998 c. 18

An Act to consolidate Part III of the Local Government Finance Act 1982 and other enactments relating to the Audit Commission for Local Authorities and the National Health Service in England and Wales.

C1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

Annotations:
Modifications etc. (not altering text)
C1

Act: Functions transferred (W.) (1.7.1999) by S.I. 1999/672, arts. 1(2), 2, Sch. 1