Audit Commission Act 1998
1998 Chapter 18 - continued

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SCHEDULE 4
 
  TRANSITIONAL PROVISIONS, SAVINGS ETC.
 
General
     1. The substitution of this Act for the provisions repealed by it does not affect the continuity of the law.
 
     2. Anything done (including subordinate legislation made) under or otherwise by reference to a provision repealed by this Act has effect as if done under or by reference to any corresponding provision of this Act.
 
     3. Any reference, express or implied, in this Act, another enactment or an instrument or document, to a provision of this Act is, subject to its context, to be read as being or including a reference to the corresponding provision repealed by this Act, in relation to times, circumstances or purposes in relation to which the repealed provision had effect.
 
     4. - (1) Any reference, express or implied, in any enactment, instrument or document, to a provision repealed by this Act is, subject to its context, to be read as being or including a reference to the corresponding provision of this Act, in relation to times, circumstances or purposes in relation to which that provision has effect.
 
      (2) In particular, where a power conferred by an Act is expressed to be exercisable in relation to enactments contained in Acts passed before or in the same Session as that Act, the power is also exercisable in relation to any corresponding provision of this Act.
 
     5. Any reference to an enactment repealed by this Act which is contained in a document made, served or issued after the repeal has come into force is, subject to its context, to be read as being or including a reference to the corresponding provision of this Act.
 
     6. Paragraphs 1 to 5 are in place of section 17(2) of the Interpretation Act 1978 but do not otherwise affect the application of that Act.
 
 
References to district audit etc.
     7. References in any statutory provision or document to district audit, to audit by a district auditor, to audit in accordance with Part VIII of the 1972 Act or to professional audit are to be construed, in relation to the accounts of a local authority or other public body, as a reference to audit as mentioned in section 2(1).
 
 
Change of name of the Commission
     8. References in any enactment or subordinate legislation to the Audit Commission for Local Authorities in England and Wales are to be construed as references to the Audit Commission for Local Authorities and the National Health Service in England and Wales.
 
 
Continuity of employment: district audit and health service
     9. - (1) Sub-paragraph (2) applies where a person employed in the civil service of the State became an officer or servant of the Commission in consequence of-
 
 
    (a) paragraph 8 of Schedule 3 to the Local Government Finance Act 1982 (transfer from district audit service), or
 
    (b) section 20(4) of the National Health Service and Community Care Act 1990 (transfer from audit of health service bodies).
      (2) For the purposes of the Employment Rights Act 1996-
 
 
    (a) that person's period of employment in the civil service of the State counts as a period of employment by the Commission, and
 
    (b) the change of employment does not break the continuity of the period of employment.
 
Financial years of the Commission
     10. In relation to the period beginning on 1st April 1997 and ending with 31st October 1997, Schedule 1 has effect as if "financial year" meant that period.
 
 
 
 
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Prepared 29 June 1998