The Audit Commission for Local Authorities and the National Health Service in England (Specified Organisations) (England) Order 2009

• Citation: S.I. 2009/1360
• Sections: 3

Section 1 Citation, commencement, application and interpretation

(1) This Order may be cited as the Audit Commission for Local Authorities and the National Health Service in England (Specified Organisations) (England) Order 2009 and shall come into force on 2nd July 2009.

(2) This Order applies in relation to England only.

(3) In this Order “the 1998 Act ” means the Audit Commission Act 1998.

Section 2 Specified organisations

The following bodies are specified as organisations for the purposes of paragraph 5 of Schedule 2A (interaction with other authorities) to the 1998 Act—

(a) a county council;

(b) a district council;

(c) a London borough council;

(d) a parish council;

(e) a parish meeting of a parish which does not have a separate parish council;

(f) the Council of the Isles of Scilly;

(g) the Common Council of the City of London in its capacity as a local authority;

(h) the Greater London Authority so far as its functions are exercisable by the Mayor on its behalf;

(i) a National Park authority;

(j) the Broads Authority;

(k) a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies, and a metropolitan county fire and civil defence authority;

(l) the London Fire and Emergency Planning Authority;

(m) an authority established under section 10 of the Local Government Act 1985 (waste disposal authorities);

(n) an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities);

(o) an Integrated Transport Authority;

(p) Transport for London;

(q) the London Development Agency.

Section 3 Excluded inspections, etc

The following cases are those in which a notice may not be given under paragraph 5 of Schedule 2A to the 1998 Act (inspections by other inspectors of organisations within the Commission’s remit)—

(a) an investigation, visit or interview by the Care Quality Commission under section 120 of the Mental Health Act 1983 (general protection of relevant patients);

(b) an inspection carried out by the Care Quality Commission or Her Majesty’s Chief Inspector of Education, Children’s Services and Skills under section 31 of the Care Standards Act 2000 (inspections by persons authorised by registration authority);

(c) a visit or interview carried out by the Care Quality Commission required under regulations made under paragraph 162 of Schedule A1 (Hospital and care home residents: deprivation of liberty) to the Mental Capacity Act 2005 (monitoring of operation of Schedule);

(d) an inspection carried out by the Care Quality Commission under section 60 (inspections) of the Health and Social Care Act 2008 insofar as—

(i) it relates to the regulatory functions of that Commission under Chapter 2 of Part 1 of the Act (registration in respect of the provision of health or social care); or

(ii) it is part of a review, investigation or study undertaken by that Commission at the request of the Secretary of State under section 48(1) (special reviews and investigations), 50(5) (failings by English local authorities) or 54(4) (studies as to economy, efficiency etc) of the Act;

(e) an inspection carried out by Her Majesty’s Chief Inspector of Education, Children’s Services and Skills under—

(i) section 5 (duty to inspect certain schools) or 8 (other inspections) of the Education Act 2005 ,

(ii) section 49 or 60 (inspections) of the Childcare Act 2006 ,

(iii) section 118(6), 124 to 126, 128(1) or 136(3) of the Education and Inspections Act 2006 , or

(iv) section 75(1)(a) of the Education and Skills Act 2008 (inspection);

(f) a review at the request of the Secretary of State under section 20(1) of the Children Act 2004 (joint area reviews).