Schedule 12 - Related amendments

Local Audit and Accountability Bill [Lords] – in a Public Bill Committee at 12:15 pm on 21st November 2013.

Alert me about debates like this

‘Transport Act 1985 (c. 67)

12A (1) Section 76 of the Transport Act 1985 (audit of accounts of public transport companies) is amended as follows.

(2) For subsection (1) substitute—

“(1A) In a case where a public transport company’s controlling authority are—

(a) a county council or county borough council in Wales, or

(b) a composite authority of which both or all the constituent councils are county councils or county borough councils in Wales,

it shall be the duty of the controlling authority to exercise their control over that company so as to ensure that the company appoints as auditors of the company only persons who, in addition to meeting the requirements of Part 42 of the Companies Act 2006 (statutory auditors), are approved for appointment as such auditors by the Auditor General for Wales.

(1B) In any other case, it shall be the duty of a public transport company’s controlling authority to exercise their control over that company so as to ensure that the company appoints as auditors of the company only persons who meet the requirements of Part 42 of the Companies Act 2006 (statutory auditors).”.

(3) In subsection (2), after “(1)” insert “or (as the case may be) (1A)”.’.

Photo of Michael Weir Michael Weir Shadow SNP Spokesperson (Business), Shadow SNP Spokesperson (Energy and Climate Change)

With this it will be convenient to discuss Government amendments 67, 152, 68, 131, 106, 132, 107, 133, 108 to 111, 69, 112, 113 and 70.

Photo of Brandon Lewis Brandon Lewis The Parliamentary Under-Secretary for Communities and Local Government

The amendments make minor and technical amendments to schedule 12. They remove redundant references to the Audit Commission and where necessary replace them with references to auditors appointed in accordance with the Bill. They also amend provisions in the Bill to avoid unintended outcomes. If the hon. Member for Corby is happy to support the  amendments, I will stop at any point he wishes to intervene. Otherwise, I will outline them one at a time, because they are technical. I will leave that with him.

Amendment 66 makes a consequential amendment to the Transport Act 1985. It will remove the requirement that an auditor of a public transport company in England must be approved for appointment by the Audit Commission.

Photo of Andy Sawford Andy Sawford Shadow Minister (Communities and Local Government)

I am not sure whether the Minister misinterpreted my nod, which is to say that we understand that the nature of this schedule is to make a whole range of tidying-up arrangements to bring previous legislation in line with the Act and we understand that the Minister and his officials have done some good work to ensure that it is thorough, hence the amendments, which we will not oppose.

Photo of Brandon Lewis Brandon Lewis The Parliamentary Under-Secretary for Communities and Local Government

I thank the hon. Gentleman for that very helpful intervention, which allows me to say that these minor and technical amendments remove redundant references clarifying related provisions that exist in legislation, as he rightly said.

Amendment 66 agreed to.

Amendments made: 67, in schedule 12, page 82, line 24, leave out from first ‘the’ to end of line 25 and insert ‘definitions of “the first financial year” and “financial year”’ and insert—

‘“financial year” means—

(a) the period commencing with the date on which the corporation is established and ending with the second 31st March following that date, and

(b) each successive period of twelve months.”’.

Amendment 152, in schedule 12, page 83, line 19, at end insert—

‘Social Security Administration (Northern Ireland) Act 1992 (c. 8)

In section 117(8) of the Social Security Administration (Northern Ireland) Act 1992 (unauthorised disclosure of information relating to particular persons: Audit Commission)—

(a) omit paragraph (gb), and

(b) after paragraph (gc) insert—

“(gd) a local auditor within the meaning of the Local Audit and Accountability Act 2013;

(ge) the Auditor General for Wales and any member of the Auditor General’s staff;

(gf) any member of the staff of the Wales Audit Office, and any person providing services to that Office;”.’.

Amendment 68, in schedule 12, page 84, line 19, at end insert—

‘Local Government Act 1999 (c. 27)

33A (1) Section 23 of the Local Government Act 1999 (accounts of best value authorities) is amended as follows.

(2) In subsection (4) omit paragraph (a).

(3) In subsection (7) for “an auditor appointed by the Audit Commission” substitute “a local auditor appointed in accordance with the Local Audit and Accountability Act 2013 or provision made under it”.’.

Amendment 131, in schedule 12, page 86, line 16, leave out paragraph 44 and insert—

‘(1) Section 26D of the Public Finance and Accountability (Scotland) Act 2000 (disclosure of results of data matching etc) is amended as follows.

(2) In subsection (4) for paragraph (b) substitute—

“(b) the Secretary of State,

(ba) the Minister for the Cabinet Office,

(bb) a local auditor within the meaning of the Local Audit and Accountability Act 2013,”.

(3) In subsection (7) in the definition of “relevant NHS body” for paragraph (b) substitute—

(a) a body mentioned in paragraph (a), (b) or (c) of paragraph 4(11) of Schedule9 to the Local Audit and Accountability Act 2013 (“relevant NHS body”);”.’.

Amendment 106, in schedule 12, page 88, line 16, at end insert—

‘50A (1) Section 100 (exercise of powers by reference to authorities’ performance categories) is amended as follows.

(2) Omit subsections (1) and (2).

(3) In subsection (3), for “those powers” substitute “certain powers”.

(4) Omit subsections (4) to (8).’.

Amendment 132, in schedule 12, page 88, line 24, leave out paragraph 54 and insert—

‘(1) Article 4D of the Audit and Accountability (Northern Ireland) Order 2003 (disclosure of results of data matching etc) is amended as follows.

(2) In paragraph (2)(b) after “body”, in each place, insert “or person”.

(3) In paragraph (3) after “bodies” insert “and persons”.

(4) In that paragraph, for sub-paragraph (a) substitute—

“(a) the Secretary of State,

(aa) the Minister for the Cabinet Office,

(ab) a local auditor within the meaning of the Local Audit and Accountability Act 2013,”.

(5) In paragraph (4) after “body”, where it first occurs, insert “or person”.

(6) In paragraph (6)(b) for paragraph (ii) substitute—

(ii) a body mentioned in paragraph (a), (b) or (c) of paragraph 4(11) of Schedule9 to the Local Audit and Accountability Act 2013 (“relevant NHS body”);”.’.

Amendment 107, in schedule 12, page 88, line 33, leave out paragraph 58 and insert—

‘58 (1) Section 62 (co-operation) is amended as follows.

(2) Omit paragraph (b).

(3) In the heading (in its original form and as substituted by paragraph 61(3) of Schedule 4 to the Public Audit (Wales) Act 2013) omit “, Audit Commission”.’.

Amendment 133, in schedule 12, page 88, line 34, leave out paragraph 59 and insert—

‘(1) Section 64D (disclosure of results of data matching etc) is amended as follows.

(2) in subsection (2)(b) after “body”, in each place, insert “or person”.

(3) In subsection (3) after “bodies” insert “and persons”.

(4) In that subsection, for paragraph (a) substitute—

“(a) the Secretary of State,

(aa) the Minister for the Cabinet Office,

(ab) a local auditor within the meaning of the Local Audit and Accountability Act 2013,”.

(5) In subsection (4) after “body”, where it first occurs, insert “or person”.

(6) In subsection (6)(b) for sub-paragraph (ii) substitute—

(ii) a body mentioned in paragraph (a), (b) or (c) of paragraph 4(11) of Schedule9 to the Local Audit and Accountability Act 2013 (“relevant NHS body”);”.’.

Amendment 108, in schedule 12, page 89, line 3, leave out paragraph (a) and insert—

‘(a) at the end of paragraph (a) insert “and”,’.

Amendment 109, in schedule 12, page 89, line 3, at end insert—

‘(aa) in paragraph (b) omit “in the case of an order containing a scheme within paragraph 1(1)(a),”, and’.

Amendment 110, in schedule 12, page 89, line 8, leave out ‘to the Auditor General for Wales by’ and insert ‘in accordance with’.

Amendment 111, in schedule 12, page 99, line 23, at end insert—

‘(za) section 95(4) of the Traffic Management Act 2004;’.

Amendment 69, in schedule 12, page 99, line 25, after first ‘(b)’ insert ‘paragraph 14 of Schedule 1 and’.

Amendment 112, in schedule 12, page 99, line 26, at end insert—

‘(ba) section 31(2) of the Legislative and Regulatory Reform Act 2006;’.

Amendment 113, in schedule 12, page 99, line 27, after ‘of’ insert ‘and paragraph 5(6) of Schedule 14 to’.

Amendment 70, in schedule 12, page 99, line 29, leave out ‘52 and 55’ and insert ‘9 and 52’.—(Brandon Lewis.)

Schedule 12, as amended, agreed to.