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

34 Interpretation of Part III. E+W

(1) In this Part of this Act, unless the context otherwise requires—

• “action” includes failure to act, and other expressions connoting action shall be construed accordingly,

• “the Commissions” means the Commission for Local Administration in England and the Commission for Local Administration in Wales,

[F1 “executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000;]

“local authority” means a county council, . . . F2 a district council, [F3 the Broads Authority][F4 a Welsh county council, a county borough council], a London borough council, the Common Council of the City of London, or the Council of the Isles of Scilly,

[F5 “mayor and cabinet executive” and “mayor and council manager executive” have the same meaning as in Part II of the Local Government Act 2000;]

• “member”,

  (a)

  F6 [F7 in relation to the Greater London Authority, means—

  (i)

  the Mayor of London,

  (ii)

  the Deputy Mayor, or

  (iii)

  a member of the London Assembly;]

  (b)

  in relation to a joint board, includes a member of any of the constitutent authorities of the joint board

  (c)

  F7 [F8 and in relation to a National Park authority, includes a member of any of the councils by whom a local authority member of the authority is appointed],

• “person aggrieved” means the person who claims or is alleged to have sustained any such injustice as is mentioned in section 26(1) above,

• “Parliamentary Commissioner” means the Parliamentary Commissioner for Administration,

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F9

• “tribunal” includes the person constituting a tribunal consisting of one person.

(2) Section 269 of the M1 Local Government Act 1972 (which relates to the meaning of “England” and “Wales” in Acts passed after 1st April 1974) shall apply to this Part of this Act as if it had been passed after that date.

(3) It is hereby declared that nothing in this Part of this Act authorises or requires a Local Commissioner to question the merits of a decision taken without maladministration by an authority in the exercise of a discretion vested in that authority.

Textual Amendments

F1 S. 34(1): definition of

“executive”

and

“executive arrangements”

inserted (E.) (11.7.2001) by S.I. 2001/2237, arts. 2(b), 10(2) and definition of “executive”and “executive arrangements”inserted (W.) (1.4.2002) by S.I. 2002/808, art. 10(2)

F2 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F3 Words inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 21, 23(2), 27(2), Sch. 6 para. 12

F4 S. 34(1): words in definition of

“local authority”

inserted (1.4.1996) by 1994 c. 19, s. 66(6), Sch. 16 para. 44 (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2

F5 S. 34(1): definition of “mayor and cabinet executive”and “mayor and council manager executive”inserted (E.) (6.5.2002) by S.I. 2002/1057, art. 8(2)

F6 S. 34(1)(a) and word “(b)” inserted (8.5.2000) by 1999 c. 29, s. 74(10) (with Sch. 12 para. 9(1))

F7 Paragraph in s. 34 renumbered as (c) (8.5.2000) by 1999 c. 29, s. 74(10) (with Sch. 12 para. 9(1))

F8 S. 34(1): words in definition of

“member”

inserted with respect to the supplemental and incidental powers of a National Park authority (19.9.1995) by 1995 c. 25, ss. 63(5), 125(2), Sch. 7 para. 18(3) (with ss. 7(6), 115, 117, Sch. 23 para. 12)

F9 Definition repealed by Local Government and Housing Act 1989 (c. 42, SIF 81:1, 2), s. 194(4), Sch. 12 Pt. II

Modifications etc. (not altering text)

C9 S. 34: ss. 26-34 modified by S.I. 1991/559, art. 2(3)

C10 Ss. 31–34 modified by S.I. 1986/452, art. 8(3)

Marginal Citations

M1 1972 c. 70.