Local Government Act 1974

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,

• [F1 “the Commission” means the Commission for Local Administration in England,]

[F2 “executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000;]

“local authority” means a county council [F3 in England] , . . . F4 a district council, [F5 the Broads Authority] F6 ..., a London borough council, the Common Council of the City of London, or the Council of the Isles of Scilly,

[F7 “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)

  F8 [F9 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)

  F9 [F10 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,

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F11

• “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 Words in s. 34(1) substituted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 16(2) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F2 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)

F3 Words in s. 34(1) inserted (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 16(3)(a) (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F4 Words repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F5 Words inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 21, 23(2), 27(2), Sch. 6 para. 12

F6 Words in s. 34(1) repealed (1.4.2006) by Public Services Ombudsman (Wales) Act 2005 (c. 10), s. 40, Sch. 6 para. 16(3)(b), Sch. 7 (with s. 38); S.I. 2005/2800, art. 5(1)(3)

F7 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)

F8 S. 34(1)(a) and word “(b)” inserted (8.5.2000) by 1999 c. 29, s. 74(10) (with Sch. 12 para. 9(1))

F9 Paragraph in s. 34 renumbered as (c) (8.5.2000) by 1999 c. 29, s. 74(10) (with Sch. 12 para. 9(1))

F10 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)

F11 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)

C1 S. 34: ss. 26-34 modified by S.I. 1991/559, art. 2(3)

C2 Ss. 31–34 modified by S.I. 1986/452, art. 8(3)

Marginal Citations

M1 1972 c. 70.