Local Government Act 1974

Changes over time for: Section 33

Version Superseded: 01/04/2006

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33 Consultation between Local Commissioner, [F1the Parliamentary Commissioner and the Health Service Commissioners] [F1and other Commissioners and Ombudsmen] .W

(1)If, at any stage in the course of conducting an investigation under this Part of this Act, a Local Commissioner forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation—

(a)by the Parliamentary Commissioner, in accordance with section 5 of the Act of 1967,

[F2(aza)by the Social Housing Ombudsman for Wales, in accordance with regulations under section 51B of the Housing Act 1996,]

[F3(aa)by the Welsh Administration Ombudsman, in accordance with the Government of Wales Act 1998,]

F4...

(b)by the Health Service Commissioner for England or the Health Service Commissioner for Wales, in accordance with [F5the Act of 1993,]

[F6or

(c)by the Scottish Public Services Ombudsman in accordance with the Act of 2002,]

he shall consult with the appropriate Commissioner [F3or F7... Ombudsman] about the complaint and, if he considers it necessary, inform the person initiating the complaint under this Part of this Act of the steps necessary to initiate a complaint under the Act of 1967 [F8, under the Housing Act 1996] [F3, under the Government of Wales Act 1998] [F9, the Act of 1993 or under the Act of 2002] , as the case may be.

(2)Where, by virtue of subsection (1) above, a Local Commissioner consults the Parliamentary Commissioner [F10, the Social Housing Ombudsman for Wales ] [F11, the Welsh Administration Ombudsman] [F12, the Scottish Public Services Ombudsman] or one of the Health Service Commissioners in relation to a complaint under this Part of this Act, he may consult that Commissioner [F13or [F14that Ombudsman]] about any matter relating to the complaint, including—

(a)the conduct of any investigation into the complaint, and

(b)the form, content and publication of any report of the results of such an investigation.

[F15(3)If, at any stage in the course of conducting an investigation under the Act of 1967, the Parliamentary Commissioner] forms the opinion that the complaint relates partly to a matter which could be the subject of investigation under this Part of this Act, he shall consult with the appropriate Local Commissioner about the complaint and, if he considers it necessary, inform the person initiating the complaint F16. . . of the steps necessary to initiate a complaint under this Part of this Act.

(4)Where, by virtue of subsection (3) above, a Local Commissioner is consulted about a complaint under the Act of 1967 F17. . ., subsection (2) above shall apply (with the necessary modifications) as it applies in relation to consultations held by virtue of subsection (1) above.

(5)Nothing in section 11(2) of the Act of 1967, [F18, in paragraph 13(1) of Schedule 2A to the Housing Act 1996 ] in [F19section 15 of the Act of 1993], [F20in paragraph 25(1) of Schedule 9 to the Government of Wales Act 1998] [F21, in section 19 of the Act of 2002] or in section 32(2) of this Act (restrictions of disclosure of information) shall apply in relation to the disclosure of information [F22. . .] in the course of consultations held in accordance with this section.

(6)In this section the “Act of 1967” means the M1Parliamentary Commissioner Act 1967 and [F23the “Act of 1993” means the Health Service Commissioners Act 1993.] [F24and the Act of 2002” means the Scottish Public Services Ombudsman Act 2002]