Local Government Act 1974

Section 23.

SCHEDULE 4E+W The Commissions

Modifications etc. (not altering text)

C1Sch. 4 extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 3

DisqualificationsE+W

1(1)A person shall be disqualified for being appointed as, or for being, a Local Commissioner if—E+W

(a)he is disqualified for being elected, or being, a member of any of the authorities mentioned in section 25(1) of this Act; or

(b)he is a member of any of those authorities or is a member (by co-option) of a committee of any of those authorities.

(2)A Local Commissioner shall not at any time conduct a case arising in an area if it is wholly or partly within an area for which one of those authorities is responsible and, within the five years ending at that time, the Local Commissioner has been a member of that authority, or a member (by co-option) of a committee of that authority.

(3)The acts and proceedings of a person appointed as a Local Commissioner and acting in that office shall, notwithstanding his disqualification under this paragraph, be as valid and effectual as if he had been qualified.

2(1)So long as a Local Commissioner is responsible for any area, and for three years after he ceases to be so responsible, he shall be disqualified for being appointed to any paid office by any of the authorities mentioned in section 25(1) of this Act if the area for which the Local Commissioner is, or was, responsible falls wholly or partly within the area for which that authority is responsible.E+W

(2)In this paragraph references to the area for which a Local Commissioner is responsible are references to an area for which he assumes responsibility under section 23 of this Act and, if the Commission for Local Administration in Wales consist of more than one Local Commissioner but Wales has not been divided into areas under that section, each of the Local Commissioners for Wales shall be treated as responsible for the whole of Wales.

Remuneration, etc.E+W

3(1)Each Commission shall pay to or in respect of their Local Commissioners and their officers such amounts, by way of remuneration, pensions, allowances or gratuities or by way of provision for any such benefits, as the Secretary of State may, with the approval of [F1the Treasury], determine.E+W

(2)If a person ceases to be a Local Commissioner and it appears to the Secretary of State that there are special circumstances which make it right that that person should receive compensation, the appropriate Commission may pay to that person a sum of such amount as the Secretary of State may, with the consent of [F1the Treasury], determine.

[F2(3)Sub-paragraphs (1) and (2) above apply in relation to Commissioners who are advisory members of the Commission as they apply in relation to Local Commissioners.]

Textual Amendments

F1Words substituted by virtue of S.I. 1981/1670, arts. 2(1)(c)(d)(2), 3(5)

Staff and accommodationE+W

4(1)Each of the Commissions may appoint a secretary, and such other officers as they may consider to be required for the discharge of their functions.E+W

(2)Each of the Commissions shall make arrangements to enable Local Commissioners to investigate complaints, and in particular arrangements for—

(a)allocating members of their staff to assist Local Commissioners, and

(b)providing offices and other accommodation.

(3)An officer of a Commission shall not be allocated to assist a Local Commissioner without the approval of that Local Commissioner.

(4)The Commission for Wales shall ensure that staff are available who can enable a Local Commissioner to deal with complaints in the Welsh language.

(5)Any function of a Local Commissioner . . . F3 may be performed by any officer of the Commission who is authorised for the purpose by the Local Commissioner.

Textual Amendments

Proceedings of the CommissionsE+W

5(1)The Commissions may determine their own procedure, including the quorum necessary for their meetings.E+W

(2)The validity of any proceedings of either Commission shall not be affected by any vacancy among the members of the Commission or by any defect in the appointment of any member of the Commission.

(3)Each of the Commissions shall be a body corporate, and their common seal shall be authenticated by the signature of a member of the Commission, or of some other person authorised in that behalf by the Commission.

[F4 Expenses of the CommissionsE+W

Textual Amendments

F4Sch. 4 paras. 6–8 substituted for paras. 6–11 by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 24(1)(3)

6(1)Each of the Commissions shall be treated as if they were a specified body for the purposes of sections 78 and 79 (revenue support grant) of the Local Government Finance Act 1988 (“the 1988 Act”), and those sections shall accordingly have effect with the following modifications.E+W

(2)Before making a determination under section 78 of the 1988 Act, the Secretary of State shall, except in the case mentioned in paragraph 8 below, take into account estimates of the expenses of each Commission together with any observations thereon made and submitted to him in accordance with paragraph 7 below.

(3)The Secretary of State may also take into account any other information available to him as to the expenses of the Commissions, whatever its source.

(4)A determination under section 78 of the 1988 Act shall not be invalid merely because the requirements of paragraph 7 below were not complied with.

(5)For the purposes of section 78(7) of the 1988 Act, each Commission shall be treated as if they were also a notifiable authority.

Modifications etc. (not altering text)

C2Sch. 4 para. 6 extended (W.) (28.7.2001) by S.I. 2001/2275, reg. 4

7(1)Each Commission shall prepare an estimate of the expenses which they will incur in the forthcoming financial year with a view to submitting it to the Secretary of State.E+W

(2)Each Commission shall send copies of the estimate to such representatives of local government as the Secretary of State directs for consideration by those representatives.

(3)Any observations by those representatives shall be submitted to the Commission within one month of the receipt of the Commission’s estimate, and it shall be the duty of the Commission to take any such observations into consideration before submitting their estimate of their expenses to the Secretary of State.

(4)Each Commission shall, not later than such date in any year as the Secretary of State specifies in writing to the Commission, submit their estimate of their expenses for the forthcoming financial year to the Secretary of State together with copies of all observations made under this paragraph by the representatives of local government or, if none were made, together with a statement of that fact.

8E+WWhere a Commission fail to submit an estimate of their expenses for the forthcoming financial year under paragraph 7 above, the Secretary of State may, for the purposes of a determination under section 78 of the 1988 Act, assume those expenses to be such as he sees fit.]

Modifications etc. (not altering text)

C3Sch. 4 para. 8 amended by S.I. 1981/327, rule 6

12E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F5

Textual Amendments