My Lords, this is another quick one, I expect. This amendment relates to an offence under Clause 22. Clause 21 provides for an auditor’s right to documentation and information. Clause 22 makes it an offence without reasonable excuse for a person to obstruct the process or to fail to comply with any requirement of a local auditor. A person guilty of an offence can be subject to a fine on summary conviction. A local auditor can recover reasonable expenses in connection with proceedings alleged to have been committed by certain persons from the relevant authority. Those persons include, for example, a member or officer of the relevant authority. The amendment seeks to makes certain that the right to recovery runs, albeit that the person committing the offence is no longer a member or officer of the authority. This raises the issue of when an offence might have been committed when it includes, for example, continuing failure to provide information or explanations by somebody who has ceased to be a member or officer and perhaps put themselves in that position deliberately. This ties the position back to Clause 21(8)(f), which brings such individuals within the scope of those from whom the auditor can seek information. We do not want anyone to escape by jumping ship or, indeed, for the recovery of costs to be precluded in those circumstances. I beg to move.
Local Audit and Accountability Bill [HL]
Proceeding contribution from
Lord McKenzie of Luton
(Labour)
in the House of Lords on Monday, 24 June 2013.
It occurred during Debate on bills
and
Committee proceeding on Local Audit and Accountability Bill [HL].
Type
Proceeding contribution
Reference
746 c196GC 
Session
2013-14
Chamber / Committee
House of Lords Grand Committee
Librarians' tools
Timestamp
2017-01-18 16:13:36 +0000
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