Local Government Act 1974 (c. 7)

Part III E+W Local Government Administration

Modifications etc. (not altering text)

C1 Pt. III (ss. 23-34) applied (with modifications) (1.4.1998) by S.I. 1998/633, art. L

C2 Power to make provision about matters of the kind dealt with by Pt. III (ss. 23-34) conferred (1.9.1997) by 1997 c. 50, s. 44(1), Sch. 4 para. (b); S.I. 1997/1930, art. 3(1)(2)(m)

C3 Pt. III (ss. 23-34) applied (temp. from 4.5.1995 to 31.3.1996) by S.I. 1995/1042, art. 4(1)

C4 Pt. III (ss. 23-34) restricted (30.7.1993) by S.I. 1993/1975, art. 10, Sch. 2 para. 4(2).

C5 Pt. III (ss. 23-34) power to extend, modify, apply or reproduce (with or without modifications) conferred (W.) (1.11.2000) and (E.) (28.7.2001) by 2000 c. 22, ss. 68(3), 108(4)-(6); S.I. 2000/2948, art. 2

Pt. III (ss. 23-34) extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 2

C6 Pt. III applied (1.4.2004) by Commissions for Local Administration (Extension of Jurisdiction) Order 2004 (S.I. 2004/344), arts. 1, 2

C7 Pt. III extended (22.7.2004) by The Cotswolds Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1777), arts. 1, 24

C8 Pt. III extended (22.7.2004) by The Chilterns Area of Outstanding Natural Beauty (Establishment of Conservation Board) Order 2004 (S.I. 2004/1778), arts. 1, 24

C9 Pt. III modified (31.3.2012) by The Localism Act 2011 (Housing and Regeneration Functions in Greater London) (Consequential, Transitory, Transitional and Saving Provisions) Order 2012 (S.I. 2012/666), arts. 1(2), 5 (with arts. 3, 4)

C10 Pt. III modified (7.6.2012) by Localism Act 2011 (c. 20), ss. 35(6)(b), 240(2); S.I. 2012/1463, art. 2(f)

C11 Pt. III applied (with modifications) (22.11.2012) by The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 (S.I. 2012/2734), regs. 1(1), 3-6, Sch. Pt. 2

[F1 31A Consideration of adverse reports. E+W

[F2 (1A) Where a further report of a Local Commissioner under section 31(2A) is considered by a person other than the appropriate listed authority and it is proposed that—

(a) no action should be taken on the report, or

(b) the action recommended in the report should not be taken,

consideration of the report shall be referred to that authority.

(1B) For the purposes of subsection (1A)—

(a) “listed authority” means an authority mentioned in section 25(1) or specified in an order under subsection 25(2) (but does not include a person mentioned in section 25(4) to (5)), and

(b) a listed authority is the appropriate listed authority in relation to a further report if the report relates to the authority (or to any person with which the authority is connected for the purposes of this Part of this Act by virtue of section 25(4) to (5)).

(1C) Subsection (1A) has effect subject to subsection (3).]

(3) The restriction imposed by [F3 subsection (1A)] above does not apply where the report recommends action to be taken by—

(a) a joint committee established under [F4 section 101 of the Local Government Act 1972, ]

[F5 (aa) an inshore fisheries and conservation authority for a district established under section 149 of the Marine and Coastal Access Act 2009,]

[F6 (b) [F7 a local fisheries committee constituted under the Sea Fisheries Regulation Act 1966, or]]

[F6 (c) an admission appeal panel or [F8 exclusion review panel] mentioned in section 25(5)(c) or (e),

and the report is considered by that committee [F9 , authority] or panel. ]

(4) If an authority considering a further report of the Local Commissioner under section 31(2A) above take into consideration a report by a person or body with an interest in the Local Commissioner’s report, they shall not conclude their consideration of the Local Commissioner’s report without also having taken into consideration a report by a person or body with no interest in the Local Commissioner’s report.

(5) [F10 No individual shall decide or vote ] on any question with respect to a report or further report under this Part of this Act in which he is named and criticised by a Local Commissioner.

F11 (5A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]

[F13 (7) F14 ... any functions exercisable under this section by or in relation to [F15 the Greater London Authority] shall be exercisable by or in relation to the Mayor and the Assembly acting jointly on behalf of the Authority, and references to [F16 an authority ] shall be construed accordingly.]

Textual Amendments

F1 S. 31A inserted by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 28

F2 Ss. 31A(1A)-(1C) substituted for s. 31A(1)-(2A) (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 6(2); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

F3 Words in s. 31A(3) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 6(3)(a); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

F4 Words in s. 31A(3)(a) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 6(3)(b); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

F5 S. 31A(3)(aa) inserted (1.10.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 14 para. 9(a); S.I. 2010/2195, art. 3(2)(l)

F6 S. 31A(3)(b)(c) substituted for s. 31A(3)(b) (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 6(3)(c); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

F7 S. 31A(3)(b) repealed (1.4.2010 for W., 1.4.2011 for E.) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 22 Pt. 4; S.I. 2010/630, art. 3(b) (with arts. 8, 12), S.I. 2011/556, art. 2(2)(o) (with art. 2(3))

F8 Words in s. 31A(3)(c) substituted (1.9.2012) by Education Act 2011 (c. 21), s. 82(3), Sch. 1 para. 3; S.I. 2012/1087, art. 3 (with art. 4)

F9 Word in s. 31A(3) inserted (1.10.2010) by Marine and Coastal Access Act 2009 (c. 23), s. 324(3), Sch. 14 para. 9(b); S.I. 2010/2195, art. 3(2)(l)

F10 Words in s. 31A(5) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 6(4); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

F11 S. 31A(5A) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 6(5), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(n)(ii)(v) (with art. 6(5))

F12 S. 31A(6) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 6(5), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(n)(ii)(v) (with art. 6(5))

F13 S. 31A(7) inserted (8.5.2000) by 1999 c. 29, s. 74(1)(9) (with Sch. 12 para. 9(1)); S.I. 2000/801, art. 2(2)(b), Sch. Pt. 2

F14 Words in s. 31A(7) repealed (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 6(6)(a), Sch. 18 Pt. 14; S.I. 2008/917, art. 2(1)(n)(ii)(v) (with art. 6(5))

F15 Words in s. 31A(7) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 6(6)(b); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

F16 Words in s. 31A(7) substituted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), s. 245(5), Sch. 12 para. 6(6)(c); S.I. 2008/917, art. 2(1)(n) (with art. 6(5))

Modifications etc. (not altering text)

C12 S. 31A: ss. 26-34 modified by S.I. 1991/559, art. 2(3)

C13 Ss. 31–34 modified by S.I. 1986/452, art. 8(3)