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Local Government Act 1988

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This is the original version (as it was originally enacted).

5(1)Section 26 (matters subject to investigation) shall be amended as follows.

(2)In subsection (2) (complaint not to be entertained unless made through a member of the authority concerned) after “unless” there shall be inserted “it is made in writing to the Local Commissioner specifying the action alleged to constitute maladministration or”.

(3)In subsection (4) (complaint must be made within 12 months of notice of matters complained of, but Commissioner may investigate complaint not so made if he considers there are special circumstances which make it proper to do so) after “unless it was made to” there shall be inserted “the Local Commissioner or” and for “there are special circumstances which make it proper” there shall be substituted “it is reasonable”.

(4)In subsection (7) for “area of the authority concerned” there shall be substituted “following area—

(a)where the complaint relates to the Commission for the New Towns, the area of the new town or towns to which the complaint relates;

(b)where the complaint relates to the Development Board for Rural Wales, the area in Wales for which the Board is for the time being responsible;

(c)in any other case, the area of the authority concerned.”

(5)In subsection (9) (power to exclude from matters not subject to investigation) for “exclude from the provisions of that Schedule” there shall be substituted “add to or exclude from the provisions of that Schedule (as it has effect for the time being)”.

(6)The following shall be inserted after subsection (12)—

“(13)A complaint as regards an authority mentioned in section 25(1)(ba), (bb), (bc) or (bd) above shall not be entertained under this Part of this Act if and so far as it is in respect of anything done before the coming into force of Schedule 3 to the Local Government Act 1988, or in respect of any default or alleged default first arising before its coming into force; and subsection (12) above shall have effect subject to this.”

(7)Sub-paragraph (3) above applies to any complaint made after the coming into force of this Schedule.

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